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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: TAHIR RASHEED alias JAVED AHMED alias BILLA VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Sardar Muhammad Aslam Title: TAHIR RASHEED alias JAVED AHMED alias BILLA vs THE STATE Case No.: Criminal Miscellaneous No. 8802-B of 2004 Date of Judgment:2004-12-08 Reported As: 2005 YLR 1981 Result: Bail granted
Judgment ORDER ' Through this application the petitioner seeks post-arrest bail in case F.I.R. No.421, dated 13-8-2004 registered under sections 420, 468, 471, 411_ P P C. At Police Station, Batala Colony, District, Faisalabad. 2. Learned counsel for the petitioner contends that there is no evidence against the petitioner for preparation of forged document; that from the allegations contained in the F.I.R. No offence under section 420. P.P.C. Is made out and that offences under sections 468 and 471, P.P.C. Are non- cognizable and that the offence falls outside the prohibitory clause of section 497, Cr. P.0 C. 3. On the other hand, learned counsel for the State has opposed the grant of bail. He contends that the petitioner has committed heinous.Offence. 4. Heard. Record perused. 5. The only allegation against the petitioner is that motorcycle was recovered from his possession but there is no evidence against the petitioner for preparation of forged documents. The offence under section 411 falls outside the prohibitory clause of section 497, Cr.P.C. Keeping the petitioner in jail for an indefinite period of time will not serve or advance the prosecution case. 6. For what has been stated above, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court.