Full Judgment Text & Judicial Ruling

1994 P Cr

1994 P Cr. L J 1444

[Lahore]

Before Malik Muhammad Qayyum, J

Ch. NOOR MUHAMMAD ---Petitioner

Versus

THE STATE---Respondent

Criminal Miscellaneous No.4874/B of 1993, decided on 4thJanuary, 1994.

Criminal Procedure Code (V of 1898)---

----S. 498---Pre-arrest bail, grant of---Accused was not named in the F.I.R. and if it was due to some mistake even then the case was one of further inquiry-- Accused on the present record could not be said to be guilty of the offence with which he was charged and which was not even hit by the prohibitory clause of S.497(1), Cr.P.C.---Interim bail granted to accused who was working as Administrative Officer in the University was confirmed in circumstances.

Sh. Muhammad Ismail for Petitioner.

Malik Muhammad Suleman for the State.

Date of hearing: 4th January, 1994.

ORDER

It is apparent from the perusal of F.I.R. that the petitioner was not named as the accused. It is, however, explained by the Investigating Officer that during the course of investigation it was stated by the officials of WAPDA that it was due to mistake that name of the petitioner was not mentioned in the F.I.R. Even if that be so, the case becomes one of further inquiry and on the present record, it cannot be said that the petitioner is guilty of offence of which he is being accused. Even otherwise the offence is not hit by prohibitory clause of section 497 of Cr.P.C. The petitioner is working as Administrative Officer in the University of Engineering arid Technology, Lahore.

For all these reasons, the interim order, dated 27-12-1993 is confirmed.

N.H.Q./N-229/L Interim bail confirmed

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