Case Details

Citation(s)
2018 SLG 378 2018 SLD 378 2018 PLJ 345
Lahore High Court
Crl. Misc. No. 4763-B of 2017, decision & hearing Date : 27.9.2017.
ASJAD, JAVAID GHURAL, JUSTICE
Malik Amir Manzoor Awan, Advocate for Petitioner. Mr. Muhammad Ali Shahab, DPG for State. Mr. Muhammad Bilal Butt, Advocate for Complainant.

MUHAMMAD ARSHAD

VS

STATE AND ANOTHER

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 392,397,411

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 392, 397 & 411--Bail after arrest--Grant of--Allegation of--Snatched an amount and Mobile phone--Ground--Statutory delay--Co-accused has already been granted post-arrest bail by trial Court on ground of statutory delay in conclusion of trial--Role of petitioner is quite identical to that of role attributed to co-accused--Prosecution witnesses were not present and even on non-bailable warrant--Petitioner is behind bars since his arrest without any substantial progress in trial--Physical custody of petitioner is not required to police any more and his further incarceration in judicial lock up would serve no useful purpose for prosecution--Petitioner deserves for same treatment to be released on statutory delay in conclusion of trial. THIS ORDER PASSED BY: ASJAD JAVAID GHURAL, JUSTICE:---.--- Though instant petition petitioner, Muhammad Arshad has sought post arrest bail in case FIR No. 671 dated 18.11.2015, in respect of offences under Sections 392, 397, 411, PPC registered at Police Station Ghala Mandi, District Shaiwal. 2. Brief allegation against the petitioner as contained in the crime report is that on 07.11.2015 at 07:15 p.m., he alongwith his co-accused while muffled faces and riding on motorcycle waylaid the complainant and forcibly snatched an amount of Rs. 2,98,000/- and one mobile set Samsung Galaxy. On his hue and cry people of the vicinity attracted there and during scuffle the accused persons became unveiled and were identified as the petitioner alongwith Ali Nawaz, Ali and an unknown accused, who had succeeded to flee away from the scene of occurrence. Hence, this case was registered. 3. I have heard learned counsel for the petitioner, learned Deputy Prosecutor General appearing for the State assisted by the learned counsel for the complainant and have perused the (sic). 4. The…
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