Case Details

Citation(s)
2004 SLG 2870 2004 SLD 2870 2004 PCRLJ 186
Lahore High Court
Criminal Miscellaneous No. 3036/B of 2003, decided on 23rd June, 2003. Date of hearing: 23rd June, 2003.
MIAN MUHAMMAD, JAHANGIR, JUSTICE
Malik Mukhtar Ahmad Talokar for Petitioner. Asif Khan for the State.

RAQIAS SHAH ER

VS

THE STATE --Respondent

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 420/468/471

Criminal Procedure Code (V of 1898) S. 497 Penal Code (XLV of 1860), Ss.420/468/471 Bail, grant of Vehicle in question allegedly having bogus number plate was in possession of accused and his co accused, was in custody of police Accused who allegedly posed to be owner of vehicle in question was not a previous convict Case of accused was identical to co accused who had been granted bail and no exceptional circumstances existed to refuse bail to him Accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: MIAN MUHAMMAD JAHANGIR, JUSTICE:---.--- Heard. 2. Raqias Shah son of Mehr Qias Shah, caste Shah resident of Shahbaz Shah Sheikhan, P.O. Shah Jahan, Tehsil and District Bannu, petitioner, has applied for his post arrest bail in the case bearing F.I.R. No. 23 of 2003, dated 21 2 2003 which stands registered under sections 468, 420, 471, P.P.C. with Police Station Daud Khel, Mianwali. 3. The allegation against the petitioner was that on 19 2 2003 at 5 25 a.m. during checking in the area of Computer Check Post Daud Khel, Plate bearing No. 7070 LOZ fixed with Toyota Corolla Car in his possession and his co accused Muhammad Shakil after verification was found to be bogus and at the time of checking, he was sitting on the front seat of the vehicle. So at the instance of Muhammad Ilyas Khan, S.I. Incharge Computer Check Post Daud Khel, the abovesaid case was registered. 4. While refusing bail to the, petitioner the learned Additional Sessions Judge, Mianwali observed that the petitioner posed himself as owner of the car, therefore, his case is not identical to his co accused Muhammad Shakil who was simply driving the vehicle. It was further observed that the number plate fixed with the vehicle after verification was found to be of 70 CC Honda owned by one Faqir Ahmad. 5. Learned counsel for the…
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