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K.L.R. 2006 Criminal Cases 387

Ahmad Nawaz Alias Babo vs The State

CitationK.L.R. 2006 Criminal Cases 387
CourtLahore High Court
Case No.Crl. Misc. No. 2154/B of 2006
Date2006-04-28
Judge(s)M. Bilal Khan
ResultBail After Arrest Refused.

ORDER M. BILAL KHAN, J.- Ahmad Nawaz alias Baboo son of Muhammad Ashraf, the petitioner, by filing the instant petition seeks post-arrest bail in case F.I.R. No. 313, dated 24.11.2005, registered at Police Station, Laksian, District Sargodha for an offence under Section 412, P.P.C., at the instance of Syed Aqeel Haider Shah son of Syed Muhammad Afzal Shah.

2. Precisely the allegation against the petitioner was that on 25.5.2005 he alongwith his. Two co- accused had snatched a car bearing registration No. LZN-944 belonging to the complainant from his brother Mudassar at gun-point, when the same had been parked outside the Family Clinic near National Laboratory, Jail Road, Faisalabad.

3. The petitioner's plea for post-arrest bail had been turned down initially by the learned Magistrate Section 30; Bhalwal and thereafter by the learned Additional Sessions Judge, Bhalwal, vide orders dated 20.2.2006 and 11.3.2006, respectively. Hence, the instant petition.

4. I have heard the learned counsel for both the sides at considerable length and have also gone through the record brought by Muhammad Bashir Tahir, SI.

5. It has been observed that although the petitioner has not been nominated in the F.I.R., but it is on record that the aforesaid car stood recovered from him and two others from the Dera of one Noor Hayat son of Bati, which had been taken into custody by the police under Buffon 550, Cr.P.C, it is on record that he is involved in as many as twelve criminal cases, out of which five were under Section 412, P.P.C, From perusal of the record, it appears that the petitioner being a member of the gang is' a habitual offender. The offence with which he has been charged for the time being falls within the prohibitory clause of Section 497(1), Cr.P.C. The learned counsel for the petitioner has not been able to persuade me to take a view different from the one taken by the Courts below.

6. Resultantly, there being no merit in this petition, the same is dismissed.

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