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Petitioner: SHABBIR and 3 others VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Ch. Iftikhar Hussain Title: SHABBIR and 3 others vs THE STATE Case No.: Criminal Miscellaneous No,652-B of 2003 Date of Judgment:2003-04-08 Reported As: 2003 MLD 1528 Result: Bail granted
Judgment ORDER ' Shabbir, Munir, Muhammad Amir and Nasir, the petitioners have sought for after-arrest bail in Case F.I.R. No,2 dated 2-1-2003 under sections 379/411, P.P.C. Registered with Police Station Ahmad Yar, District Pakpattan Sharif. 2. Briefly the allegation as per F.I.R. Is that they had stolen away 5 buffalos worth Rs,2,35,000 of the complainant from his cattle shed. 3. It has been contended that they have falsely been roped in with mala fide intention of the complainant; that they are behind the bars for the last more than three months; that their case does not fall within the prohibitory clause of section 497(1), Cr.P.C.; and that they are previous non- convict. 4. Conversely the learned counsel for the State has opposed the petition. 5. I have carefully considered the submissions made by the learned counsel for the parties and perused the record. 6. The alleged recovery has taken place. They are behind the bars and previous non-convict. 7. The alleged offence does not fall within the prohibitory clause of section 497(1), Cr.P.C. 8. In these circumstances, I am inclined to admit them to bail. The petition, therefore, is accepted and they are admitted to bail provided they furnish bail bonds in the sum of Rs,50,000 (Rupees fifty thousand) each with one surety each in the like amount to the satisfaction of the learned Ilaqa/Duty Magistrate.