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Petitioner: MUHAMMAD ASLAM VS Respondent: StateHonorable Justice Asif Saeed Khan KhosaArshad Ali Chohan,Miss Samina Shahzadi
2005 Y L R 1213
2005 Y L R 1213 [Lahore] Before Asif Saeed Khan Khosa, J MUHAMMAD ASLAM---Petitioner versus THE STATE---Respondent
Criminal Miscellaneous No.8120-B of 2004, decided on 10th November, 2004.
Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.392/411---Pre-arrest bail, grant of---F.I.R. in the case had been lodged with a delay of one month and sixteen days and stolen motor cycle had privately been recovered even prior to registration of F.I.R.---Complainant, prosecution witness and alleged victim had entered appearance before Court and had maintained in unison that they were satisfied that it was not accused who had perpetrated alleged offence and they had owned their affidavits appended with bail petition in that regard---Challan had already been submitted before Trial Court and nothing was to be recovered from accused---Sending accused behind the bars at such stage was not likely to serve any useful purpose---In view of stand taken by complainant and other witnesses, initial implication of accused in case on account of motives other than bona fide, could not be ruled out of consideration---Ad interim pre-arrest bail already allowed to accused was confirmed.
Arshad Ali Chohan for Petitioner. Miss Samina Shahzadi for the State. Date of hearing: 10th November, 2004.
ORDER Through this petition Muhammad Aslam petitioner has sought pre-arrest bail in case F.I.R. No.194 registered at Police Station, Qaboola Sharif, District Pakpattan Sharif on 22-5-2004 for offences under sections 392/411, P.P.C. Earlier on an application submitted by the petitioner for the same relief before the Court of Session, Pakpattan Sharif had been dismissed by the learned Additional Sessions Judge, Arifwala, District Pakpattan Sharif on 18-10-2004. Hence, the present petition before this Court. 2. The F.I.R. in this case had been lodged with a delay of one month and sixteen days and admittedly the stolen motor-cycle had been privately recovered even prior to registration of the F.I.R. Falak Sher complainant, Allah Bakhsh P.W. and the alleged victim namely Muhammad Amin have all entered appearance before this Court in person today and they have maintained before this Court in unison that they now feel satisfied that it was not the present petitioner who had perpetrated the alleged offence. They have owned their affidavits appended with this petition in this regard. The Police Officer present with the record has informed the Court that after investigation a challan has already been submitted before the learned trial Court. In these circumstances sending the petitioner behind the bars at such a stage is not likely to serve any useful purpose. The stolen motor-cycle already stands recovered from an open field and, thus, nothing is to be recovered from the petitioner s possession at this stage. In view of the stand taken by the complainant and the other witnesses before this Court today the initial implication of the petitioner in the case in hand on account of motives other than bona fide cannot be ruled out of consideration. This petition is, therefore, accepted and the ad interim pre-arrest bail already allowed to the petitioner by this Court vide order dated 2-11-2004 is hereby confirmed subject to furnishing of a fresh bail bond by the petitioner in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the Area Magistrate of Police Station, Qaboola Sahrif, District Pakpattan Sharif within a period of two weeks from today.
H.B.T./M-876/L Bail granted.