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1987 MLD 1989

NASIR MAHMOOD VS THE STATE

Petitioner: NASIR MAHMOOD VS Respondent: THE STATE

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1987 M L D 1989

1987 M L D 1989

[Lahore]

Before Muhammad Munir Khan, J

NASIR MAHMOOD--Petitioner

versus

THE STATE--Respondent

Criminal Miscellaneous No. 1900/B of 1987, decided on 23rd June, 1987.

Criminal Procedure Code (V of 1898)--

---S.497--Penal Code (XLV of 1860), Ss.379 & 411--Bail, grant of- Stolen property already recovered--Accused no more required for investigation--Offence not falling within prohibitory clause--Bail granted in circumstances.

Q.M. Saleem for Petitioner.

Farrukh Humayun for the State.

ORDER

This is an application for the grant of bail to Nasir Mahmood petitioner in case under section 379/411, P.P.C. registered at P.S. Nishatabad vide F.I.R. No. 105, dated 17-4-1987.

2. The prosecution case is that the petitioner was found selling stolen articles of the mills valuing Rs. 2,000.

3. The learned counsel for the petitioner submits that the alleged offences do not fall within the prohibitory clause of section 497, Cr.P. C. The learned counsel for the State has opposed this application.

4. I have considered the submissions made by the learned counsel for the parties. I find that the stolen property has already been recovered; that the petitioner is no more required for investigation and that the alleged offences do not fall within the prohibitory clause of section 497, Cr.P.C.

5. For what has been said above, the petitioner is allowed bail in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of A.C. /Illaqa Magistrate, Faisalabad.

S.A. /N-55/L

Bail granted.

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