| Citation(s) |
|---|
| 2004 SLG 2890 2004 SLD 2890 2004 PCRLJ 262 |
Lahore High Court
Criminal Miscellaneous No. 1447/B of 2003, decided & heard on: 8th September, 2003.
MIAN MUHAMMAD AKRAM BAITU, JUSTICE
Khan Dil Muhammad Khan Alizai for Petitioner: Syed Altaf Hussain Bokhari for the State.
Criminal Miscellaneous No. 1447/B of 2003, decided & heard on: 8th September, 2003.
MIAN MUHAMMAD AKRAM BAITU, JUSTICE
Khan Dil Muhammad Khan Alizai for Petitioner: Syed Altaf Hussain Bokhari for the State.
GHULAM AKBAR ER
VS
THE STATE --Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 392/411/109
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.392/411/109---Bail, grant of---Allegation against accused was only of abetment ---Nothing had been recovered from the accused and he was also not named in the F.I.R.---No sufficient material was on record to connect accused with crime alleged against him---Accused was no more required by police for further investigation---Further detention of accused in judicial lock-up would not serve any useful purpose---Accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: MIAN MUHAMMAD AKRAM BAITU, JUSTICE:---.--- Through this petition, the petitioner has sought for the relief of, his post-arrest bail in a case registered against him and his co-accused under sections 392/109/411, P.P.C. vide F.I.R. No. 11 of 2003, dated 10-1-2003 at Police Station Chowk Azam, Tehsil and District Layyah. 2. It is argued by the learned counsel for the petitioner that the petitioner has been falsely implicated in this case; that the offence under section 392 is not applicable against the petitioner whereas offence under section 411, P.P.C. does not fall within the prohibitory clause of section 497, Cr.P.C. that nothing has been recovered from the petitioner and he is behind the bars since 16-1-2003. it is lastly contended that the allegations against the petitioner are pertaining to the offence under section 109, P.P.C. and that the case of the petitioner is covered under subsection (2) of section 497, Cr.P.C. 3. The learned counsel for the State has opposed the petition onβ¦
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