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2007 P Cr. L J 1034

SIDDIQUE vs THE STATE

Citation2007 P Cr. L J 1034
CourtLahore High Court
Case No.Criminal Revision No,457 of 2005
Date2006-06-06
Judge(s)Nazir Ahmed Siddiqui
ResultBail allowed

ORDER

' NAZIR AHMAD SIDDIQUI, J.--- Brief facts giving rise to the instant revision petition are that the petitioner had applied for post-arrest bail in a case relating to F.I.R. No,46 of 2005 dated 29-1-2005 under sections 337-F(v), 337-F(i), 34, P.P.C. Police Station Jampur District Rajanpur. The learned Additional Sessions Judge, vide his order dated 9-7-2005 granted the bail subject to payment of Rs,19,000 to the complainant by way of compensation as promised by the petitioner during a Punchayat.

2. The aforesaid order to the extent of imposition of the said condition is now under challenge through the instant revision petition.

3. Arguments heard. Record perused.

4. I have noticed that the learned Additional Sessions Judge in his order dated 9-7-2005 lime- lighted the factors justifying the grant of post-arrest bail to the petitioner. He has clearly observed in the said order that, "the present petitioner rightly deserves for concession of bail". I have also noticed that there is nothing in black and white on the file of the learned Additional Sessions Judge as well as the police file that the petitioner had ever promised to pay a sum of Rs,19,000 by way of compensation to the complainant.

5. All the above factors taken together persuade me to hold that imposition of condition of Rs,19,000 before enlarging the petitioner on bail is not justified and the same is hereby set aside, by allowing this revision petition. Resultantly, petitioner shall be immediately released on bail as ordered by the learned Additional Sessions Judge on 9-7-2005, "subject to furnishing surety bonds in the sum of Rs,50,000 with one surety in the like amount .To the satisfaction of this Count (learned Additional Sessions Judge, Jampur)".

6. I have been told that the petitioner is behind the bars since 7-2-2005. It is a pity that he remained behind the bars for such a long time, without there being any fault/omission on his part.

Hence, the office shall convey the instant order to the learned Additional Sessions Judge, Jampur, immediately.

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