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Petitioner: MUHAMMAD SADIQ VS Respondent: THE STATE
1988 M L D 224
1988 M L D 224
[Lahore]
Before Muhammad Munir Khan, I
MUHAMMAD SADIQ--Petitioner
versus
THE STATE--Respondent
Criminal Miscellaneous No.731/B of 1988 (BWP), decided on 31st May, 1988.
Criminal Procedure Code (V of 1898)--
---S. 497--Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4- Bail, grant of--Admittedly four separate cases of similar nature registered against the petitioner, his brother, mother and sister, with same set of recovery witnesses in all cases--Allegedly 85 grams of Heroin recovered from the petitioner but case attacked on account of mala fides on the part of local police which involved all family members of the petitioner--Petitioner allowed bail, without touching merits of the case.
Shamsher Iqbal Chughtai for Petitioner.
Mushtaq Farazi for the State.
ORDER
This is an application for grant of bail to Muhammad Sadiq petitioner in case under Article 3/4 of Prohibition (Enforcement of Hadd) Ordinance, 1979 registered at P.S. City Ahmadpur East vide F.I.R. No. 48 of 1988, dated 24-2 1988. The prosecution case is that the petitioner was keeping 85 grams heroin on 24-2-1988. Learned counsel for the petitioner submits that the case is on account of mala fides on the part of police is that on the same day the police registered three cases of similar nature against the mother, sister and brother of the petitioner and that the witnesses of the recovery of heroin allegedly made in this case are the same who had attested the recovery memoranda, in. cases against the mother, sister and brother of the petitioner. Learned counsel for the State opposed this application of the petitioner.
2. I have considered the submissions made by the learned counsel for the parties with care. Undoubtedly four separate cases of similar nature were registered on 24-2-1988 against the petitioner, his brother, mother and sister and the attesting witnesses of the recovery memoranda are the same.
3. For what has been said above, without making expression of opinion lest it may prejudice the merits of the case, the petitioner, is allowed bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C. Bahawalpur. S.G.D./M-842/L
Bail allowed.