Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD KHURSHID VS Respondent: THE STATE
1997 P Cr
1997 P Cr. L J 224
[Lahore]
Before Ch. Khurshid Ahmed, J
MUHAMMAD KHURSHID and others---Petitioners
Versus
THE STATE---Respondent
Criminal Miscellaneous No.617/B. of 1996, decided on 24th April, 1996
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), S.337(v)/337-A(i)/148/149---Bail, grant of---Explanation of about 1-1/2 months' delay in lodging the F.I.R. could be considered by the Court at the trial stage---Two co-accused had already been granted bail---Prosecution in having taken five months in filing the report had flagrantly violated the provisions of S.173, Cr.P.C.---Conclusion of trial was not in sight---Accused was admitted to bail in circumstances.
Altaf Ibrahim Qureshi for Petitioners.
Malik Abdul Hameed Khokhar for the State
Date of hearing: 24th April, 1996.
ORDER
The petitioners were accused in case F.I.R. No.337/95 registered at Police Station Dera Rahim, District Sahiwal on 27-11-1995 under section 337-(5)/377-A(i)/148/149, P.P.C.
2. The alleged occurrence took place on 16-10-1995 and the F.I.R. was lodged on 27-11-1995. The question of explanation of delay shall be seen by the trial Court at the stage of trial. Two of the co-accused of the petitioners have been granted bail and it has been admitted by the S.I. who has brought the case file that report under section 173, Cr.P.C. was filed on 8-4-1996. It is surprising that the prosecution flagrantly violated the provisions of section 173, Cr.P.C. The prosecution has taken 5 months in filing the report and nothing can be said as to when the trial shall be concluded.
3. In view of the above the petition is allowed. The petitioner shall be released on bail subject to the furnishing bail bond in the sum of Rs.30,3000 with one surety in the like amount to the- satisfaction of A.C./Duty Magistrate, Sahiwal.
4. Copy Dasti
N.H.Q./M-187/L Bail allowed.