Case Details

Citation(s)
2014 SLG 1124 2014 SLD 1124 2014 MLD 284
Lahore High Court
Criminal Miscellaneous No.771-B of 2013, decision dated: 22-05-2013
SHAHID BILAL HASSAN, J
Ch. Riaz Ahmed, for Petitioner. Asghar Ali Gill, Deputy Prosecutor-General and Fayyaz, S.I. for
Respondent. Malik Mukhtar Ahmed, for the Complainant.

RWAIDAH BIBI

VS

The STATE and others

Law:

Section:

Criminal Procedure Code (V of 1898)---S. 497(2)---Penal Code (XLV of 1860), Ss.406, 420 & 506-B---Criminal breach of trust, cheating, criminal intimidation---Bail, grant of---Further inquiry---Ornaments were allegedly given to accused as investment against which profit was to be given to the complainant by accused and was not entrusted to hold in a fiduciary capacity---Provisions of S.406, P.P.C. were not made out from the bare reading of the F.I.R., as no entrustment was made by the complainant---Accused after arrest joined the investigation during which no recovery was made from accused---Accused was mother of a suckling daughter, aged one year and two months---Accused had not committed any crime---Incomplete challan had been submitted in the Trial Court, it was yet to progress, as same was at initial stage---In absence of any exceptional circumstances, grant of bail to accused was a right, and refusal was an exception---Case against accused fell within the ambit of further inquiry, as no exceptional ground had been made out by the prosecution, so as to deny liberty to her---Accused was behind the bars since seven months; and there was no likelihood of the conclusion of trial in the near future---Accused, was admitted to bail, in circumstances. Shaukat Ali Sagar v. Station House Officer, Police Station Batala Colony, Faisalabad and 5 others 2006 PCr.LJ 1900; Muhammad Akram Lone Saeed v. The State 2008 PCr.LJ 1351; Muhammad Rizwan v. The State 2008 PCr.LJ 2169; Zahid Jameel v. S.H.O. and 2 others 2008 YLR 2695; Sajjad Azmat Chahal v. The State and another 2011 MLD 459; Ghulam Sakina and others v. The State 1991 PCr.LJ 1316; Mst. Irshad alias Mst. Waziran v. The State 2000 PCr.LJ 613; Mst. Latifan Bibi v. The State 2006 PCr.LJ 251; The State v. Farzana Kausar 2008 YLR 2600; Nasreen Bibi v. The State 2011 YLR 1028 and Mst. Kabela v. The State 2011 YLR 2975 ref. Zafar Iqbal v. Muhammad Anwar and others 2009 SCMR 1488; Riaz Jafar Natiq v. Muhammad Nadeem Dar and others 2011 SCMR 1708 and Tariq Bashir and 5 others The State PLD 1995 SC 34 ref. ORDER SHAHID BILAL HASSAN, J.---Petitioner seeks after arrest bail in case F.I.R. No.465 of 2012 dated 16-9-2012…
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