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Petitioner: GHULAM HUR SHAH VS Respondent: THE STATE
1988 M L D 901
1988 M L D 901
[Lahore]
Before Muhammad Munir Khan, J
GHULAM HUR SHAH‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 4439/B of 1987, decided on 3rd February, 1988.
Criminal Procedure Code (V of 1898)‑‑--
‑‑‑S. 497‑‑Emigration Ordinance (XVIII of 1979), Ss. 17, 18 & 22‑‑Passports Act (XX of 1974), S.6‑‑Bail, grant of‑‑Although statutory period had expired yet trial not concluded, with no fault on the part of petitioner‑‑Bail allowed, in circumstance.
Aftab Sherazi for the State.
ORDER
This is an application through jail for grant of bail to Ghulam Muhammad Shah petitioner in a case under section 17/18/22 of Emigration Ordinance and section 6 of the Passports Act, registered at P.S. F.IA. Lahore, vide F.I.R. No. 44/86 dated 27‑2‑1986.
2. The allegations against the petitioner are that he fraudulently received Rs.3,56,980 from different persons on the pretext of sending them abroad for employment. In the petition, which has been received from jail, it has been stated that although the petitioner is in jail for the last 22 months, yet proceedings have not started. The learned counsel for the State states that the petitioner was arrested on 27‑2‑1986 and the challan was submitted on 18‑6‑1986 and so far not a single witness has been examine.
3. After hearing the learned counsel I find that although the statutory period has passed yet the trial has not concluded without any fault on the part of the petitioner. That being the position, there is no option but to release him on bail in the sum of Rs. 50,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Lahore.
S.G.D./G‑123/L Bail allowed.