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2006 MLD 1775

JAVED IQBAL vs THE STATE

Citation2006 MLD 1775
CourtLahore High Court
Case No.Criminal Miscellaneous No,6456-B of 2005
Date2005-11-16
Judge(s)Sardar Muhammad Aslam
ResultBail granted

ORDER

' SARDAR MUHAMMAD ASLAM, J.---Petitioner Javed Iqbal through the instant petition has sought post-arrest bail in case F.I.R. No,175, dated 9-6-2004 under section 406/420, P.P.C. Registered with Police Station, Chak Bedi, Pakpattan Sharif.

2. Briefly the allegation against the petitioner is misappropriation of800 maunds which was kept with him as trust and promised to pay Rs,3,00,000 in lieu thereof.

3. Learned counsel for the petitioner contends that the petitioner is innocent and falsely been implicated in this case, that there is a sufficient delay in lodging the F.I.R. Which casts doubt; that the dispute between parties is of civil nature; that the offence does not fall within the prohibitory clause and that the petitioner is no more required for further investigation.

3A. On the other hand, learned counsel for the State opposed the instant petition.

4. I have considered the submission made from both the sides with help of available record.

5. The petitioner is behind the bars since his arrest and is no more required for further investigation.

Investigation qua him is complete. Keeping the petitioner behind the bars would not serve any beneficial purpose or advance the case of prosecution. The offence does not fall within the prohibitory clause of section 497(1), Cr.P.C.

6. For what has been discussed above, this petition is allowed and the petitioner is admitted to bail, subject to his furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned Illaqa/Duty Magistrate.

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