| Citation(s) |
|---|
| 2010 SLG 988 2010 SLD 988 2010 PLJ 845 |
Lahore High Court
Crl. Misc. No. 605-B of 2010, decided & hearing on 03.05.2010.
HAFIZ ABDUL REHMAN ANSARI, JUSTICE
Malik Muhammad Usman Bhatti, Advocate for Petitioner. Mr. Muhammad Ashraf Qureshi, Advocate for Complainant. Mr. Waseem Khan Babar, DDPP for State.
Crl. Misc. No. 605-B of 2010, decided & hearing on 03.05.2010.
HAFIZ ABDUL REHMAN ANSARI, JUSTICE
Malik Muhammad Usman Bhatti, Advocate for Petitioner. Mr. Muhammad Ashraf Qureshi, Advocate for Complainant. Mr. Waseem Khan Babar, DDPP for State.
HAJI SARFRAZ
VS
STATE AND ANOTHER
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860) Ss. 474,467, 471 & 420--Bail, grant of--Further inquiry--Allegation of--Produced fake copy of ad-interm injunction passed by Civil Court before Area Girdawar--No entry of injunction regarding stoppage of legal proceedings--Certified copy of the injunction order was also appended with he bail petition--Held: Civil and Criminal litigation was pending between the parties before the Courts--Offences do not fall within prohibitory clause and sentence for which offence is neither death not imprisonment for life nor 10 years--Bail was allowed. Bail-- ----Scope of--Grant of bail does not mean acquittal of accused but only change of custody from Government Agencies to sureties, who on furnishing bonds take responsibility to produce the accused whenever and wherever he is required to the accused. 2008 SCMR 807, ref. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 474, 467, 468, 471 & 420--Bail, grant of--No reparation or compensation for period incarcerated in case of refusal of bail--Accused produced a fake copy of injunction order--Question of--Whether accused produced the order which was appended with bail petition, required further investigation into guilt--Validity--Circumstances of the case make case one of further inquiry into the guilt of the accused--If the accused was found guilty in the trial they will be convicted and sentenced accordingly--If the accused was acquitted there will be no reparation or compensation for the period incarcerated by the accused petitioner in case of refusal of bail--Bail was accepted. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, JUSTICE---.--- Haji Sarfraz son of Haji Wali Muhammad, the petitioner, by filing the instant bail petition seeks post-arrest bail in case F.I.R. No. 775/2009 dated 31.12.2009 registered at Police Station Chehlyak, District Multan for an offence under Sections 474, 467, 468, 471, 420 P.P.C. at the instance of Haji Muhammad Zahoor, complainant, Respondent No. 2. 2. Briefly allegations against the petitioner are that on the submission of warrant of possession…
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