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2008 YLR 944

SHEHNAZ RASHID and another vs THE STATE

Citation2008 YLR 944
CourtLahore High Court
Case No.Criminal Miscellaneous No,5292-B of 2007
Date2007-08-08
Judge(s)Hasnat Ahmad Khan
ResultBail confirmed

ORDER

' HASNAT AHMAD KHAN, J.--- Petitioner seeks pre-arrest bail in case F.I.R. No: 189/2007, dated. 31-5- 2007 registered at Police Station Mustafabad District Kasur in respect of offences under sections 148, 149, 354, 337-A(ii) and 337-F(4, P. P. C .

2. After arguing the case at some length learned counsel for the petitioners has opted not to press this petition to the extent of Abdul Rashid, petitioner No,2. Therefore the application in hand qua Abdul Rashid, petitioner No,2, is dismissed as having been withdrawn.

3. As far as Shehnaz Rasheed, petitioner, is concerned learned counsel for the petitioner has contended that the petitioner is lady who has been involved in this case due to the mala fides of the police as well as complainant and that the offence allegedly committed by the petitioner does not fall within the prohibitory clause.

4. Conversely, the learned Deputy Prosecutor General assisted by the learned counsel for the complainant has lackadaisically opposed the bail application.

5. After hearing the arguments of both the sides, I have concluded that the injury falling within the purview of offence under section 337-A(ii), P.P.C. Which is a non-bailable offence has not been attributed to the petitioner whose case even otherwise requires further inquiry. The petitioner being a lady is entitled to bail under IInd proviso of section 497, Cr.P.C. Therefore, the application in hand is accepted and ad interim pre-arrest bail granted in favour of Shehnaz Rasheed petitioner, is hereby confirmed subject to her furnishing fresh bail bonds in the sum of Rs,30,000 (Rupees thirty thousand) with one surety in the like amount to the satisfaction of the learned trial Court.

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