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2005 YLR 647

MUHAMMAD RAFIQUE vs THE STATE

Citation2005 YLR 647
CourtLahore High Court
Case No.Crl. Miscellaneous No,8420-B of 2004
Date2004-12-03
Judge(s)Mian Muhammad Najum-uz-Zaman
ResultBail granted

ORDER

' This is second application for the grant of post-arrest bail in case F.I.R. No,316 dated 3-4-2004 for the offences under sections 17/22 of Emigration Ordinance, 1979 registered at Police Station F.I.A., Passport Circle, Lahore. The first bail application of the petitioner was dismissed as withdrawn vide order dated 24-6-2004. This second application has been filed on the ground that one of the prosecution witnesses namely Rehmat Ali son of Muhammad Ali has made a statement under section 164, Cr.P.C. Stating therein that petitioner never received any amount or the travelling documents from the complainant as alleged in the F.I.R., in his presence (photo copy of the statement under section 164, Cr.P.C. Has been placed on the record).

2. Neither the counsel for F.I.A. Authorities is in attendance nor the record of the case has been produced by the agency.

3. Be that as it may, in the light of the statement made by Rehmat Ali (prosecution witness) exonerating the petitioner, prima facie the case against the petitioner falls within the fold of further inquiry entitling him to the concession of bail. Accordingly this petition is allowed, petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of the trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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