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Initializing Secure Chambers
Petitioner: SHAHBAZ KHAN VS Respondent: StateHonorable Justice Asif Saeed Khan KhosaZafar Iqbal Chohan,Raja Sher Zaman Khan
2005 M L D 1402
2005 M L D 1402
[Lahore]
Before Asif Saeed Khan Khosa, J
SHAHBAZ KHAN---Petitioner
Versus
THE STATE-Respondent
Criminal Miscellaneous No.8491-B of 2004, decided on 6th December, 2004.
Criminal Procedure Code (V of 1898)---
-------S. 497(2)---Penal Code (XLV of 1860), S. 406---Bail, grant of---Further inquiry---Allegation against accused was that two buffaloes given on Superdari to him had not been produced by him before concerned Authorities and had committed criminal breach of trust---Accused had maintained that said buffaloes had been stolen from his custody and that in respect of that theft he had already lodged F.I.R. for offence under S. 380, P.P.C.---Nothing was on record of investigation of said case to indicate that the case filed by accused was bogus, false and had been cooked up by accused as a pretext for not producing buffaloes before concerned Authorities--Case against accused, in circumstances had called for further inquiry into his guilt---Accused was admitted to bail, in circus stances.
Zafar Iqbal Chohan for Petitioner.
Raja Sher Zaman Khan with Falak Sher, S.-I. and Ghulam Abbas, A.S.-I. with record for the State.
ORDER
Through this petition Shahbaz Khan petitioner has sought post-arrest bail in case F.I.R. No.199 registered 'at Police Station Chenab Nagar, District Jhang on 9-6-2004 for an offence under section 406, P.P.C.
2. The allegation against the petitioner is that two buffaloes given on Superdari to him had not been produced by him before the concerned Authorities and, thus, he had committed criminal breach of trust. As against that the petitioner maintains that the said buffaloes had been stolen from his custody and in respect of that theft he has already lodged F.I.R. No.295 registered at Police Station Sadar Chiniot, District Jhang on 19-5-2004 for an offence, under section 380, P.P,C. The Investigating Officer of the above mentioned F.I.R. No.295 has appeared before this Court along with the record of investigation of that case and he has informed the Court that so far no progress has been made in the A investigation of that criminal case as the culprit involved in that case is a fugitive from law. Be that as it may, there is nothing available on the record of investigation of that criminal case to indicate that the said criminal case was bogus and false and that the same had been cooked up by the petitioner as a pretext or not producing the relevant buffaloes before the concerned Authorities. In this view of the matter the present case against the petitioner calls for further inquiry into his guilt. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
H.B.T./S-376/L Bail granted.