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Petitioner: MUHAMMAD ASHRAF VS Respondent: StateHonorable Justice Khawaja Muhammad SharifMian Muhammad Maqsood Ahmad,Muhammad Naveed Shabbir Goraya
2007 Y L R 514
2007 Y L R 514
[Lahore]
Before Khawaja Muhammad Sharif, J
MUHAMMAD ASHRAF---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.2442-B of 2006, decided on 8th April, 2006.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), Ss.395 & 412---Bail, refusal of---V.C.D., which was looted during dacoity, had been recovered from accused---Offence under S.412, P.P.C., was punishable with imprisonment for life, which fell within prohibitory clause of S.497(1), Cr.P.C.-No case for bail having been made out, bail petition was dismissed.
Mian Muhammad Maqsood Ahmad for Petitioner.
Muhammad Naveed Shabbir Goraya for the State along with Liaqat S.-I.
ORDER
KHAWAJA MUHAMMAD SHARIF, J.-Learned counsel for the petitioner submits that he is not named in the FIR.; that he was named in the supplementary statement; that as far as recovery of VCD is concerned, that was planted upon the petitioner because blood relations of petitioner could not give bribe to the police and that he is first offender.
2. On the other hand learned State counsel submits that supplementary statement was got recorded by the complainant on the very next day; that VCD was recovered from the petitioner and that offence falls within the prohibitory clause of section 497(1), Cr.P.C.
3. I have heard learned counsel for the parties. Without going into merit of the case, fact remain that VCD, which was looted during dacoity, has been recovered from the petitioner. The said offence under section 412, P.P.C. is punishable with imprisonment for life, which falls within prohibitory clause of section 497(1), Cr.P.C. No case for bail is made out. This petition is dismissed.
H.B.T./M-265/L Bail refused.