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Petitioner: NIAZ ALI alias BABAR VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Khawaja Muhammad Sharif Title: NIAZ ALI alias BABAR vs THE STATE Case No.: Criminal Miscellaneous No, 7261/B of 2000 Date of Judgment:2000-12-21 Reported As: 2001 YLR 2832 Result: Bail granted
Judgment ORDER ' Learned counsel for the petitioner submits that the petitioner was not named in the F.I.R. Further submits that no identification parade was held in this case and that he is in jail for the last six months. Adds that the petitioner has no credit of any criminal case against him. 2. Learned counsel for the State submits that pistol and golden ornments were recovered from the petitioner. Learned counsel could not point out any previous case against him. 3. The petitioner was not named in the F.I.R. No identification parade was held due to inefficiency and negligence of the Investigating Officer. After recovery of pistol and golden ornaments, at the most case of the petitioner falls under section 411, P.P.C. Providing punishment up to three years. Following the golden principle enunciated by the Hon'ble Supreme Court in PLD 1995 SC 34, this petition is accepted and the petitioner is allowed bail in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of the trial Court.