Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD AFZIL VS Respondent: THE STATE
1988 M L D 373
1988 M L D 373
[Lahore]
Before Afrariab Khan, J
MUHAMMAD AFZIL‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 26/B of 1988, decided on 9th January, 1988.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979) Ss. 17 & 14‑‑Bail, grant of‑‑Case against accused pertaining to year 1985 and one of further inquiry‑‑Bail granted.
Ch. Nazir Muhammad for Petitioner.
Aftab Sherazi for State with 1.0. for Respondent.
ORDER
The petitioner, Muhammad Fazil, has moved this petition for bail after arrest under section 497, Cr.P.C. in a case registered against him under section 17/14 of Offences Against Property (Enforcement of Hudood) Ordinance VI of 1979 and section 457 PPC at Police Station Shahdara Town, Lahore vide FIR No. 6/85.
2. Learned counsel argued that the FIR was lodged with police after the delay of 8 days and that no plausible explanation was given for this inordinate delay. It is next argued that name of the petitioner is not mentioned in the FIR and further no description of the accused was given in the FIR despite the fact that the petitioner lived in the same locality where the complainant resided. It is next argued that no identification parade was conducted in order to meet the requirement of law. Learned counsel stated that maximum sentence of the offence is seven years and as such the case will not fall within the prohibitory clause. The learned State counsel has opposed the grant of bail to the petitioner but he has not been able to give any ground thereof. I am of the view that this is a. case of further enquiry inasmuch as the case pertains to the year 1985. Accordingly, the petitioner is admitted to bail in the sum of Rs. 75,000 (Rupees seventy‑five thousand) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Lahore.
M.Y.H./M‑537/L
Bail granted.