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Initializing Secure Chambers
Petitioner: ABDUL REHMAN VS Respondent: STATE
1987 S C M R 1891
1987 S C M R 1891
Present: Aslam Riaz Hussain, J
ABDUL REHMAN--Petitioner
versus
THE STATE--Respondent
Criminal Miscellaneous Petition No. 125 in Criminal Petition No.416 of 1984, decided on 2nd January, 1984.
Criminal Procedure Code (V of 1898)--
---S. 497--Constitution of Pakistan (1973), Art. 185(3)--Bail--Grant of--Report in case prepared by a person who was himself accused in first instance but was acquitted under S. 249-A, Cr.P.C. and subsequently produced as a prosecution witness alongwith seven other persons who also were accused in case but had been produced by prosecution in support of its case and were probably persuaded to support prosecution case in order to get themselves exonerated--Bail granted to petitioner during pendency of main petition.
Mian Dilawar Mahmood, Advocate Supreme Court for Petitioner.
Rao Muhammad Yousaf, Advocate Supreme Court for the State.
ORDER
I have heard the learned counsel for the State in answer to the contentions raised by the petitioners counsel mentioned in the order dated 29-12-1984. He submitted that it appears that the report Exh. P.Q was prepared by a person who was himself accused in the case.
Learned counsel for the petitioner however, submitted that although the Manager of the Forms Press, who prepared the report Exh. P.Q, was an accused person in the first instance, but he was acquitted under section 249-A, Cr.P.C., and was subsequently produced as a prosecution witness. He added that as a matter of fact as many as 7 other persons who were accused in the case have been produced by the prosecution in support of its case and as such they were probably persuaded to support the prosecution in order to get themselves exonerated.
Under these circumstances I feel this to be a fit case for grant of bail to the petitioner during the pendency of the main petition. He is granted bail in the sum of Rs.10,000 with two sureties each in the like amount to the satisfaction of Assistant Registrar of this Court at Lahore.
M.I/A-81/S Bail granted.