| Citation(s) |
|---|
| 2010 SLG 892 2010 SLD 892 2010 PLJ 391 |
Lahore High Court
Crl. Misc. No. 812/B of 2009, decision & hearing Dated: 04.02.2009
KHURSHID ANWAR BHINDER, JUSITCE
Ch. Zulfiqar Ali, Advocate for Petitioner. Sardar Muhammad Khalil, Advocate for Complainant. Mr. Fiaz Ahmad, DPG for State.
Crl. Misc. No. 812/B of 2009, decision & hearing Dated: 04.02.2009
KHURSHID ANWAR BHINDER, JUSITCE
Ch. Zulfiqar Ali, Advocate for Petitioner. Sardar Muhammad Khalil, Advocate for Complainant. Mr. Fiaz Ahmad, DPG for State.
MUHAMMAD ARSHAD IQBAL BUTT
VS
STATE
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Peal Code 1898 (V of 1898), S. 381-A--Ad-interim pre-arrest bail--Confirmation of--Prayer for--Petitioner was involved in supplementary statement after lapse of two months which casted doubt in one's mind regarding his involvement because prior to that FIR was also lodged one month after occurrence--Five suspected persons who were involved in theft case by complainant prior to involvement of petitioner had already been granted bail by trial Court--This proves fact that complainant was not sure regarding identity of thief--Malafies on part of complainant as well as police were quite evident as he had involved so many people merely on suspicion--Same thing had happened with petitioner as well--Petitioner is previous non-convict and there was no criminal record of petitioner--Petitioner's case was that of further inquiry into his guilt--Bail confirmed--Bail accepted. THIS ORDER PASSED BY: KHURSHID ANWAR BHINDER, JUSITCE---.--- The petitioner seeks confirmation of ad-interim pre-arrest bail in case FIR No. 438/2008 dated 14.7.2008 registered under Section 381-A PPC at Police Station Model Town, Gujranwala. 2. Precise allegations against the petitioner as per supplementary statement got recorded by the complainant are that he had stolen car belonging to the complainant. 3. Learned counsel for the petitioner submits that occurrence took place on 4.6.2008 and the complaint was lodged on 14.7.2008. There is considerable delay in lodging of the FIR and the supplementary statement was also got recorded after the lapse of two months. He further submits that the petitioner is not nominated in the FIR and no role has been ascribed to him in the FIR and he was involved in this case in the supplementary statement. Police have not been able to recover the stolen car so far. He further argues that prior to petitioner's involvement in this case, complainant had nominated in the supplementary statement, five other persons on whom complainant had suspicion that they had stolen his car and all five persons who were involved in this case on the basis of suspicion had already granted bail by the trial Court. There is no…
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