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Petitioner: GHULAM ALI VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 2346
[Lahore]
Before Sh. Khizar Hayat, J
GHULAM ALI ---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.3470/B of 1993, decided on 5th October, 1993.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), S.216/324/353---Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3/4---West Pakistan Arms Ordinance (XX of 1965), S.13---Bail, grant of---Nobody was injured during the occurrence and no fire-arm or other incriminating article was recovered from the accused who had not so far been found guilty in the case during investigation-- Accused was behind the bars for the last about seven months without trial-- Accused was released on bail in circumstances.
Muhammad Salim Bhatti for Petitioner.
Qazi Muhammad Lateef for the State.
Date of hearing: 5th October, 1993.
ORDER
This petition has been filed on behalf of Ghulam Ali for the grant of bail in Case F.I.R. No.56/93, dated 27-1-1993, under section 216/324/353, P.P.C. Article 3/4 of the Prohibition (Enforcement of Hadd) Order (4 of 1979), and section 13 of Arms Ordinance (XX of 1965), registered at Police Station Sadar, Sheikhupura, on the allegation that when the police raided the Haveli of Ghulam Nabi in Village Chakho Ke for rounding up the persons allegedly busy selling heroin, there the petitioner with others opened fire at the raiding party with .12 bore gun and decamped. He was arrested in this case on 10-3-1993. The case is still under investigation. His bail plea was declined.by the lower Court, hence, this petition.
2. I have heard learned counsel for the petitioner as well as for the State and perused the record.
3. Admittedly, nobody was injured during the occurrence and no fire-arm or other incriminating article has been recovered from the petitioner. S.I. Nasir Kazmi who is present in Court with record states that the case is now being investigated by D.I.-G., Lahore Range. Earlier this case has been investigated by number of Police Officers but none of them has so far found the petitioner guilty in this case. The petitioner is behind the bar for the last about 7 months without trial. In these circumstances, I find that the petitioner deserves to be released on bail. Consequently, I allow this petition and direct that the petitioner be released subject to his furnishing bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Sheikhupura.
N.H.Q./G-177/L Bail allowed.