Citation Name : 2008 PCrLJ 1360 KARACHI-HIGH-COURT-SINDH

Side Appellant : MUHAMMAD ALI

Side Opponent : State

S. 497---Penal Code (XLV of 1860), Ss.420 , 468, 471 & 109---bail , refusal of---Nothing was on record to indicate that complainant had any reason or motive to falsely implicate accused in the case---Identification of accused stood prima facie proved and there was no reason to disbelieve the identification of accused on the basis of photographs which were provided to the complainant by the Bank Authorities---Allegation against accused was of serious nature and to discourage the people having such tendencies, they should not be released on bail on technical grounds---Deeper appreciation of evidence at bail stage, could not be undertaken by the court---Prima facie a case against accused having been made out by the prosecution, his bail application was rejected.


Citation Name : 2008 PCrLJ 721 KARACHI-HIGH-COURT-SINDH

Side Appellant : IBRAHIM KHALTI

Side Opponent : State

S. 498---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)---Penal Code (KLV of 1860), Ss.342, 406, 420 , 448, 506/2, 147, 148 & 149---bail , grant of---Civil litigation existed between the parties regarding agricultural lands---Two civil suits filed by one of the accused persons were still pending in the civil court and some evidence had also been led in those cases---Said suits were stated to be in connection with the title of the lands---Considerable delay had taken place on the part of complainant in approaching the court of Justice of Peace for filing the application---After registration of F.I.R. investigation was conducted by Investigating Agency, as a result of which 'case was recommended to be disposed of in false B-class---Presumption was that as a result of investigation the police found accused persons to be innocent---Fact that during investigation accused persons were found to be innocent, would also lend support to the case of accused persons---Accused persons were entitled to concession of bail in circumstances---Interim bail s granted to accused persons were confirmed on the same terms, whereas one of accused persons was allowed bail after arrest, in circumstances.



Citation Name : 2008 PCrLJ 684 KARACHI-HIGH-COURT-SINDH

Side Appellant : KHIZAR HAYAT

Side Opponent : State

S. 497---Penal Code (XLV of 1860), Ss.420 , 468, 471 & 467---bail , grant of---Allegations of previous enmity between accused and Police Officer concerned appeared on record---Applications moved by wife of accused who too was a police personnel, to different authorities against. malicious act of said Police Officer against accused was also a part of the record, which had not been specifically denied by the State counsel---Prosecution had also failed to clarify as to how the recovery of forged documents and machine from the house other than the house occupied by accused could be foisted on accused with no satisfactory proof---None of the witnesses of the locality where search was made and alleged recovery was said to have taken place, was associated with the prosecution---Prima facie accused had a case for grant of bail ---Accused, in circumstances, was entitled to bail .



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