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Petitioner: MUHAMMAD ARSHID VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Asif Saeed Khan Khosa Title: MUHAMMAD ARSHID vs THE STATE Case No.: Criminal Miscellaneous No,4555-B of 2002 Date of Judgment:2002-08-04 Reported As: 2003 MLD 559 Result: Bail granted
Judgment ORDER ' Through this petition Muhammad Arshid petitioner has sought post-arrest bail in case F.I.R. No,805 registered at Police Station Sadar, Kasur on 27-12-2001 for offences under sections 458/380, P. P. C . 2. After hearing the learned counsel for the parties and going through the record it has been noticed that the F.I.R. In this case had been lodged with a delay of about 24/25 days and even in that belated F.I.R. The present petitioner had not been nominated as one of the perpetrators of the alleged offences. It is not disputed that no recovery of any sort has been affected from the petitioner in connection with the present case and no test identification parade has been held in this case so as to positively implicate the petitioner in the alleged offences. The petitioner's name had surfaced in this case for the first time through a supplementary statement made by the complainant before the Investigating Officer on 23-1-2002, i,e, about 27 days after registration of the F.I.R. And about a month and a half after the alleged incident and such implication was based only upon an alleged identification of the petitioner by the complainant in police custody. The challan in this case has already been submitted after completion of investigation and, thus, continued custody of the petitioner in jail is not likely to serve any beneficial purpose at this stage. 3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.