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Petitioner: NAJABAT KHAN VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Sh. Ijaz Nisar Title: NAJABAT KHAN vs THE STATE Case No.: Crl. Misc. No.571/B of 1989 Date of Judgment:1989-12-06 Reported As: 1992 P Cr. L J 2401 Result: Interim bail allowed
Judgment ORDER Nijabat, Khan petitioner is accused of an offence under section 307, P.P.C. He was admitted to bail by the learned Senior Civil Judge/Magistrate Section 30, Attock on 11-6-1989. An application for the cancellation of his bail was moved by Sardar Khan complainant which came up before the learned Additional Sessions Judge, Attock for hearing. The learned Court vide its order dated 19-10-1989 cancelled his bail mainly for the reason that he did not appear before him. 2. Learned counsel for the petitioner contends that the petitioner's absence was not wilful but was due to the fact that he is an Army personnel and due to exigency of service was not allowed by his Commanding Officer to leave the station. 3. Without going into the merits of the case, I admit the petitioner to interim bail in the sum of Rs.10,000 with two sureties in the like amount to the satisfaction of the learned trial Magistrate till 18-12-1989. He is directed to 8 appear before Rao Hamid Mukhtar Khan, learned Additional Sessions Judge, Attock for the disposal of the petition for cancellation of bail on merits. Learned Court shall dispose of the matter after issuing notice to Sardar Khan complainant and the State. The petition is disposed of. N.H.Q./N-95/L
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