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1988 PCRLJ 2220

ABDUL MAJID ALIAS MAJID AHMAD VS THE STATE

Petitioner: ABDUL MAJID ALIAS MAJID AHMAD VS Respondent: THE STATE

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1988 P Cr

1988 P Cr. L J 2220

[Lahore]

Before Muhammad Rafiq Tarar, J

ABDUL MAJID alias MAJID AHMAD‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 4101/B of 1987, decided on 18th January, 1988.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S. 497‑‑Emigration Ordinance (XVIII of 1979), S.17/22‑‑Passports Act (XX of 1974), S.6‑‑Bail, grant of‑‑Accused in jail for more than one year and no witness examined so far‑‑Case of accused covered by cl. (a) of Proviso III to S.497(1), Criminal Procedure Code‑‑Bail granted.

Ch. Khurshid Alam for Petitioner.

Sardar Khurshid Ahmad for the State.

ORDER

This is a petition for bail on behalf of Abdul Majid alias Majid Ahmad, who is involved in a case under sections 17 and 22 of the Emigration Ordinance, 1979 and section 6 of the Passports Act.

2. This is the second bail application of the petitioner. Criminal Miscellaneous No.2419‑B of 1987 previously filed by him was dismissed by my learned brother Rashid Aziz Khan, J. The learned Judge being presently at Rawalpindi Bench, this petition has been placed before me by the order of the learned Acting Chief Justice.

3. The fresh ground urged for bail is that the petitioner is in jail for a continuous period exceeding one year and his trial has not concluded so far. The learned State counsel has opposed the prayer for bail.

4. Perusal of the record reveals that the petitioner was arrested on 30‑9‑1986. It is conceded that so far no witness has been examined. His case is, therefore, covered by clause (a) of proviso III to section 497(1) of the Cr.P.C. Consequently, he is released on bail subject to his furnishing security in the sum of rupees two lacs with two sureties in the like amount to the satisfaction of the trial Court.

M.Y.H./A‑255/L Bail granted.

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