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Initializing Secure Chambers
Petitioner: ABDUL RASHID and 3 otherss VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Sh. Javaid Sarfraz Title: ABDUL RASHID and 3 otherss vs THE STATE Case No.: Criminal Miscellaneous No,2685-B of 2005 Date of Judgment:2005-10-03 Reported As: 2006 YLR 2058 Result: Bail granted
Judgment ORDER ' SH. JAVAID SARFRAZ, J.---Submits that the petitioners namely Abdul Rashid, Ali Ahmad, Mehboob Alam and Muhammad Ayub, are the nominated accused in case bearing F.I.R. No,394 of 2005, dated 5-9-2005, under sections 302/ 324/148/149, P.P.C., registered at Police Station Yousafwala, District Sahiwal. It is contended that they moved bail petition before the learned Sessions Judge, Sahiwal, which was dismissed by the learned Additional Sessions Judge, Sahiwal, on 26-9-2005, for non-prosecution as the petitioners did not appear. Further submits that the bail petition should have been disposed of on merits. Relies on Tahir Hussain and anther v. The State (1994 PCr.LJ 2490 [Lahore]). 2. Perusal of the order dated 26-9-2005 reveals that the bail petition was dismissed for non- prosecution as the petitioner failed to appear before the learned Additional Sessions Judge, however, he should have disposed of the petition on merits. Accordingly, their bail petition before the learned Additional Sessions Judge shall be deemed to be pending and the petitioners shall appear before him on 8th October, 2005, who shall decide their bail petition on merits, however, the petitioners are granted protective bail till 8-10-2005 subject to their bail bonds in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of learned Additional Sessions Judge, Sahiwal. Copy dasti.