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Petitioner: MUHAMMAD NASIR alias GUDDU VS Respondent: THE STATE
1988 M L D 201
1988 M L D 201
[Lahore]
Before Muhammad Munir Khan, J
MUHAMMAD NASIR alias GUDDU--Petitioner
versus
THE STATE--Respondent
Criminal Miscellaneous No. 543/13 of 1988, decided on 29th February, 1988.
Criminal Procedure Code (V of 1898)--
---S. 497--Penal Code (XLV of 1860), Ss.379 & 411--Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 14--Bail, grant of- Accused, not a previous convict in jail and not required for investigation--Offence not falling within. prohibitory clause--Bail granted in circumstances.
Ch. Muhammad Ilyas Kornai for Petitioner.
Shamas-ul-Qamar for the State.
ORDER
This is an application for grant of bail to Muhammad Nasir alias Guddu petitioner in case under section 379/411, P.P.C. and Article 14 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 registered at P.S. Naulakha, Lahore, vide F.I.R. No. 160 of 1987.
2. The prosecution case is that the petitioner was found in possession of stolen motor-cycle.
3. Learned counsel for the petitioner submits that the alleged offence does not fall within the prohibitory clause. Learned counsel for the State has opposed this application on the ground that the petitioner stands involved in as many as 13 identical cases.
4. 1 have considered the submissions made by the learned counsel for the parties with care. I find that the petitioner is not a previous convict; that he is in the jail and no more required for investigation and that the alleged offence does not fall within the prohibitory clause of section 497, Cr.P.C.
For what has been said above, 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. (City)/Duty Magistrate, Lahore. SA./M-608/L
Bail granted.