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2007 P Cr. L J 581

RASHID ALI vs THE STATE

Citation2007 P Cr. L J 581
CourtLahore High Court
Case No.Criminal Miscellaneous No,2559/B of 2005
Date2005-10-06
Judge(s)Muhammad Nawaz Bhatti
ResultBail granted

ORDER

' MUHAMMAD NAWAZ BHATTI, J.--- The petitioner seeks post-arrest bail in case F.I.R. No,114, dated 29-5-2004 registered under sections 324, 337-D, 337-F(i), 337-F(ii) and 34, P.P.C. At Police Station City Vehari.

2. According to the F.I.R., the allegation against the petitioner is that he armed with dagger along with Ameen empty-handed inflicted injuries on the person of the complainant Saeed Ahmad.

3. Learned- counsel for the petitioner has contended that the petitioner was arrested on 6-7-2004 and since then is in jail; that during the investigation sections 324 and 337-D, P.P.C. Have been deleted by the police and chailan has been submitted in the Court under the remaining sections which makes the case of the petitioner one of further inquiry and that the trial against the petitioner has not been completed by the trial court despite direction issued by this Court. Reliance in this behalf is placed on Muhammad Aslam v. State 1999 SCM R 2147 and Jadeed Gul v. State 1998 SCM R 1124.

4. On the other hand, learned counsel for the State has halfheartedly opposed the bail application and submitted that the petitioner has earned his right to be released on bail on statutory ground.

5. ' Arguments heard. Record perused.

6. The petitioner was arrested on 6-7-2004 and since then he is in jail. During investigation, sections 324 and 337-D, P.P.C. Have been deleted by the police. The trial against the petitioner has not been completed by the trial Court despite direction issued by this Court. The learned counsel for the State is unable to give any explanation for noncompliance of the order, dated 21-3-2005 passed by this Court. This being so, the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac) with two sureties each in the like amount to the satisfaction of the Duty Magistrate/Illaqa Magistrate.

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