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Petitioner: SHAHID VS Respondent: StateHonorable Justice Hasnat Ahmad KhanCh. Khalid Mehmood Arain
2008 Y L R 732
2008 Y L R 732
[Lahore]
Before Hasnat Ahmad Khan, J
SHAHID---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.61-B of 2007, decided on 24th January, 2007.
Criminal Procedure Code (V of 1898)---
----S.497---Penal Code (XLV of 1860), Ss.419 & 420---Bail, grant of---Offences with which accused had been charged, did not fall within the prohibitory clause of S.497, Cr. P. C. ---Accused was behind the bars since his arrest on 2-12-2006---Bail should not be withheld as a matter of punishment---Accused was admitted to bail, in circumstances.
Tariq Bashir v. The State PLD 1995 SC 34 rel.
Ch. Khalid Mehmood Arain for the Petitioner.
Sh. Imtiaz Ahmad for the State. Complainant in person.
Muhammad Amin, A.S-I.
ORDER
HASNAT AHMAD KHAN, J.---Through this application post-arrest bail has been sought in case F.I.R. No.620/2006, dated 28-8-2006, under sections 419/420, P.P.C, read with Allopathic System Ordinance, 1962, registered with Police Station Noor Shah, District Sahiwal.
2. Prior to approaching this Court, the petitioner had approached learned Additional Sessions Judge, Sahiwal; for grant of bail after arrest which was refused vide order dated 14-12-2006.
3. According to the prosecution story, the petitioner, though is not qualified doctor, but he was found practising as medical practitioner.
4. Learned counsel for the petitioner submits that the offence under section 420, P.P.C. is bailable, while offence under section 419, P.P.C. does not fall within the prohibitory clause. He adds that the petitioner is behind the bars since 2-12-2006.
5. Learned counsel for the State has 'opposed this bail application.
6. After hearing both the parties, it has been straightaway noticed that the offences with which the petitioner has been charged, do not fall within the prohibitory clause. The petitioner is behind the bars since 2-12-2006. It is established law that the bail should not be withheld as a matter punishment. While relying upon the famous case reported as Tariq Bashir v. The State PLD 1995 SC 34 this application is allowed and the petitioner is admitted to post-arrest bail provided he furnishes bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court.
H.B.T./S-183/L Bail granted.