292/2012 Cr.Bail Imdad Ali Shar and others (Applicant) V/S The State (Respondent)

292/2012 Cr.Bail Imdad Ali Shar and others (Applicant) V/S The State (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 21-JAN-13

It appears that in the FIR categorical allegations were raised against the two applicants. It was categorically mentioned in the FIR that they were brought in the police mobile at Police Station Dakhan where cash was taken from them. It was further mentioned in the FIR that on cries of Shabir Malangi he was beaten by the SHO Imdad Shar. Despite asking for mercy the applicants did not allow them to go they were beaten mercilessly ultimately, in the morning both the applicants left the Police Station by abusing that they have taught lesson for extending threats. They also did not return the amount that was taken by the applicants. It is alleged that they went to DSP as well as to Police Station New Fojdari for appropriate action however, all in vain and ultimately FIR was registered under the orders of the District & Sessions Judge, Shikarpur. The document which is a root cause in deciding the instant bail application is a final medicolegal certificate issued on 23.4.2012 in terms whereof Alif Khan son of Ali Bux Khrose the complainant, shown that in terms of X-Ray of left foot, fractures were seen in first and second metatarsal bones with soft tissue swelling and dislocation of calcanium. The injury No.1 opined by the doctor is Jurh Ghayr Jaifah Hashima caused by hard blunt substance (history of violence) .