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Petitioner: BASHIR AHMAD VS Respondent: STATE
1989 M L D 4977
1989 M L D 4977
[Lahore]
Before Riaz Ahmad, J
BASHIR AHMAD‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous Pio.2008/B of 1989, decided on 14th June, 1989.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S.498‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4‑‑Pre arrest bail, grant of‑‑Two persons caught red‑handed‑‑1200 tolas of gold and six Kgs. heroin recovered from their possession‑‑No steps taken to ascertain identity of accused persons‑‑Challan submitted‑‑Trial concluded‑‑One person acquitted while the other convicted‑‑Investigating Agency trying to lay hands on accused‑ Fit case for grant of pre‑arrest bail in circumstances.
Arif Iqbal Hussain Bhatti for Petitioner.
Zaeemul Farooq, Addl. A‑G. assisted by Abdul Ghafar for the State.
Date of hearing: 14th June, 1989.
ORDER
In support of this application seeking pre‑arrest bail, it is contended by the learned counsel for the petitioner that this is the third case in the series of the cases, in which the petitioner has been involved. It is further submitted that the Rangers Police had registered this case with mala fides and an application was moved by the petitioner, upon which, some sort of enquiry against some officer is being conducted.
Not only the Assistant Advocate‑General but also Legal Advisor of the Rangers has also appeared at the call of this Court.
As far as the case registered vide FIR No.107/88, is concerned, it is stated that the petitioner is on bail but the grant of bail for the offence under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979, was not within the jurisdiction of the Special Judge and, therefore, the present application has been moved.
I have gone through the entire facts of the case narrated in the FIR No.107/88. In this case through Naka Bandi, two persons were caught red- handed and from their possession, 1200 tolas of gold and six kgs. heroin were recovered. According to the investigating Agency, these two persons named Bashir and Niamat of Lahore, were owners of these‑articles. Unfortunately, no steps were taken to ascertain the identity of Bashir and Niamat. The challan was submitted in Court and during the trial Niamat was acquitted while the other man has been convicted.
It is now after the trial that Investigating Agency has awoken from its slumber to lay hand upon the petitioner. Thus, it is a fit case for the grant of pre‑arrest bail, Accordingly, I admit the petitioner to bail, provided he furnishes security in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of A.C /Duty Magistrate, Lahore.
S.A./B‑141/L
Bail granted.