Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD UMER VS Respondent: THE STATE
1988 M L D 346
1988 M L D 346
[Lahore]
Before Muhammad Munir Khan, J
MUHAMMAD UMER and another‑‑Petitioners
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 891‑B of 1988/BWP, decided on 3rd August, 1988.
Criminal Procedure Code (V of 1898) ‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 419/420/468/471‑‑Bail, grant of‑ Petitioners in jail and no more required for investigation‑‑Petitioners not charged for any offence covered by prohibitory clause of S. 497, Cr.P.C.‑‑Offences under S. 468/471, P.P.C. non‑cognizable while offence under S. 420, P.P.C. a bailable one‑‑Co‑accused already released on bail‑‑Petitioners allowed bail, in circumstances.
Shamshair Iqbal Chughtai for Petitioners.
MA. Hameed assisted by M. Sharif Bhatti for the State.
ORDER
This is an application for grant of bail to Muhammad Umar and Allah Jiwaya petitioners in a case under sections 419/420/468/471, P. P. C. registered at P.S. Pacca Laran, Vide F.I.R. No. 43 of 1988 dated 14‑4‑1988.
2. Learned counsel for the petitioners submitted that the co‑accused namely Muhammad Arif has already been released on bail by this Court. Learned counsel for the State assisted by, the learned counsel for the complainant has opposed this application on the ground that the case of the petitioners is distinguishable from that of the co‑accused, who has already been released on bail.
3. I have considered the submissions made by the learned counsel for the parties with care. I find that the petitioners are in jail and no more required for investigation; that the alleged offences do not fall within the prohibitory clause of section 497, Cr. P.C., that the offences under section 468/471, P.P.C. are non cognizable; that the offence under section 420, P.P.C. is bailable and that the co- accused has already been released on bail by this Court.
For what has been said above, the petitioners are allowed bail in the sum of Rs. 20,000 with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Liaqatpur.
S.G.D./M‑843/L
Bail allowed.