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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD JAMIL and others VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Khawaja Muhammad Sharif, M. Naeem-ullah Khan Sherwani Title: MUHAMMAD JAMIL and others vs THE STATE Case No.: Criminal Miscellaneous No,7549/B of 2000 Date of Judgment:2001-02-11 Reported As: 2000 YLR 1538 Result: N/A
Judgment ' KHAWAJA MUHAMMAD SHARIF, J.---Learned Additional Advocate-General submits that section 365, P.P.C. Was introduced in the Statute Book on 2-12-1999. He further submits that according to P.C.O. No,IX of 14-10-1999 section 5(a)(i), there was no limitation to any Ordinance as provided by the Constitution even if it lapse. As far as this point is concerned, this objection of learned counsel for the petitioner is overruled. 2. It is contended by learned counsel for the petitioner that the dispute, if any, between the complainant and the present accused is of civil nature. It was Muhammad Latif, A.S.-I. Who snatched the truck and took it to Gujrat; that case of the petitioners does not fall within the prohibitory field of section 497(1), Cr.P.C. And that the petitioners are not required for further investigation. 3. On the other hand, learned Additional Advocate-General submits that the case has been sent for trial, but is unable to state that the offence does not fall within the prohibitory clause of section 497(1), Cr.P.C. 4. We have heard learned counsel for both the sides. Without commenting upon the merits of the case, as .The offences allegedly committed by the petitioners do not fall within the prohibitory field of section 497(1), A Cr.P.C., we accept this petition. The petitioners are directed .To be released from custody subject to their furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac only) each with two sureties each in the like amount to the satisfaction of trial Court. #EndJudgment