Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: NISAR VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Mian Muhammad Najum-uz-Zaman Title: NISAR vs THE STATE Case No.: Criminal Miscellaneous No.835-B of 2004 Date of Judgment:2004-02-04 Reported As: 2004 YLR 2110 Result: Bail granted
Judgment ORDER ' Seeks post-arrest bail in case F.I.R. No.234 of 2001, dated 1-10-2001 under sections 380/411/458, P.P.C. Registered at Police Station Garh, District Faisalabad. 2. Heard. File perused. Petitioner is not named in the F.I.R. But he was involved in this case on the basis of supplementary statement of the complainant which was recorded on 8-4-2003 i.e. After two years of the occurrence. After his arrest, petitioner was never put to the test of identification parade to rule out the possibility of his false involvement. Allegedly during the investigation, petitioner led to the recovery of Rs.4,400 (looted money) alongwith a registration book. The currency notes recovered at the instance of petitioner are of ordinary in nature and at this stage, it is difficult to say that these notes were the same which were looted during the occurrence. As regards the recovery of registration book from the petitioner, it not understandable as to why petitioner would keep the same with him for almost two years. Learned Counsel for the State while opposing the bail application also argued that petitioner is involved in other case i.e. F.I.R. No.21 of 1997, dated 21-1- 1997 registered at Police Station, Garh, District Faisalabad. The Police Officer present in Court is not in a position to say about the fate of this case. Even otherwise involvement of a person in other case is no ground to refuse him the concession of bail when his case falls within the ambit of Further inquiry. The above said circumstances are sufficient to bring the case of the petitioner within the fold of further inquiry entitling the concession of bail. Accordingly this petition is allowed and petitioner is admitted to bail subject to his furnishing bail bonds amounting to Rs.1,00,000 (rupees one lac) with one surety in the like amount to the satisfaction of the trial Court.