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Initializing Secure Chambers
Petitioner: MUHAMMAD RAFIQUE and others VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Sajjad Ahmad Sipra Title: MUHAMMAD RAFIQUE and others vs THE STATE Case No.: Criminal Miscellaneous No,104/B of 1994 Date of Judgment:1994-01-29 Reported As: 1994 MLD 1300 Result: Bail allowed
Judgment ORDER 'The petitioners are accused of offences under section 302/148/149/ 109, P.P.C. Vide F.I.R. No,283/93, dated 4-8-1993, registered at Police Station Naushera Virkan, District Gujranwala. 2. The learned counsel for the petitioner and the State were heard at length in respect of the contentions raised herein. It was confirmed on behalf of the State that in the first three investigations conducted in the instant case, the petitioners were declared innocent, whereas in the fourth investigation, conducted by the Superintendent of Police C.IA., Gujranwala, the said Investigating Officer had come to the conclusion that Molvi Muhammad Ashraf, petitioner No,2, is guilty of abetment, whereas he had not given any finding with regard to Muhammad Rafique, petitioner No,1. Therefore, it is hereby held that under such circumstances, the case of the petitioners is one of further inquiry, being duly covered under the provisions of subsection (2) of section 497, Cr.P.C. In this respect, reliance is placed upon PLD 1972 SC 81 and PLD 1972 SC 277, wherein it has been held that neither the law is to be stretched in favour of the prosecution nor the bail is to be refused as punishment. It was further confirmed on behalf of the State that the petitioners were neither previous convicts nor hardened criminals and that they have been in the judicial custody for over five months and they are no longer required by the police. 3. Therefore, the petitioners are hereby allowed bail in the sum of Rs,30,000 each with two sureties each in the like amount to the satisfaction of the A.C./Duty Magistrate, Gujranwala.