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Petitioner: KHAN MUHAMMAD VS Respondent: THE STATE-
Court Name: Lahore High Court Judge(s): Khizar Hayat Title: KHAN MUHAMMAD vs THE STATE- Case No.: Criminal Miscellaneous No. 129/13 Date of Judgment:1987-02-24 Reported As: 1987 P Cr. L J 2495 Result: Bail granted
Judgment ORDER Khan Muhammad petitioner herein stands arrested under section 298-C , P.P.C. By City Police D . G . Khan. He was refused bail by the lower Court, hence this application. 2. According to the F.I.R. Petitioner has written "Kalma Tayyaba" and verses of Holy Qur'an inside the place of worship of Qadianis. It is alleged that the petitioner by doing so has committed an offence) within the mischief of section 298-C, P.P.C. I have gone through the relevant section. It says that any person of the Qadiani group or the Lahori group if directly or indirectly, poses himself as a Muslim, or calls or refers to his faith as Islam, or preaches or, propagates his faith or invites others to accept his faith, would be l held guilty under this section. Prima facie the petitioner does not appear to have offended the provision of section 298-C, P.P.C. Furthermore the sentence provided is 3 years therefore, it does not fall within the prohibitory clause of section 497, Cr.P.C. In the circumstances I feel inclined to allow this petition. He is directed to be released on bail subject to his furnishing bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, D.G. Khan.