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Petitioner: ZAKAULLAH VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Qurban Sadiq Ikram Title: ZAKAULLAH vs THE STATE Case No.: Criminal Miscellaneous No, 2119-B of 1984 Date of Judgment:1984-08-14 Reported As: 1985 P Cr. L J 85 Result: Bail allowed
Judgment ORDER ' Masood Aslam Shah complainant sold Wagon No, RIH. 3496 for Rs, 50,000 to Zaka Ullah petitioner. An agreement was executed on 23-7-1983. The wagon was delivered to Zaka Ullah petitioner by the complainant after receiving Rs, 10,000 in cash according to this agreement.The remaining amount of Rs, 40,000 was to be paid by the Zaka Ullah petitioner to Masood Aslam complainant by instalments at the rate of Rs, 2,000 per month. It is contended that accused had not paid the balance of Rs, 40,000 and instead had sold the wagon to a third person. On this allegation the present case was registered against the accused. He did not succeed to secure pre-arrest bail from the Court of learned Additional Sessions Judge, Lahore. Hence this petition for pre-arrest bail. 2. From the facts mentioned above, I am of the view that it is a case of civil nature. In this view of the matter, the petitioner is allowed bail before arrest on his furnishing bail bond in the sum of Rs, 50,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate, Model Town, Lahore. The petitioner will join investigation of this case as and when required by the Investigation Officer. If he fails to join investigation, an application for cancellation of bail can be made before the Sessions Judge, Lahore Court, is illegal.