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2011 YLR 2276

ABDUL JALIL vs THE STATE And Another

Citation2011 YLR 2276
CourtLahore High Court
Case No.Criminal Miscellaneous No.2927/B of 2010
Date2010-08-25
Judge(s)Muhammad Qasim Khan
ResultBail granted

ORDER MUHAMMAD QASIM, J. Petitioner seeks post-arrest bail in case F.I.R. No.56 dated 11-6-2010 under sections 255, 258, 259, 260, 467, 468, 471, 472, 473, 474, 475 and 109, P.P.C. Read with section 30 NADRA Ordinance, 2002 registered with Police Station FIA, Multan.

2. It is argued by learned counsel for the petitioner that he has been falsely involved in this case on the statement of co accused, otherwise, there is no evidence against him to connect with the commission of the offence. Further argued that nothing was recovered from the personal search of the petitioner. Lastly, it is argued that petitioner is behind the bars without any progress in the trial.

3. On the other hand, learned Deputy Prosecutor-General has opposed the bail application.

4. Heard. Record perused.

5. The petitioner is not nominated in the. F.I.R. And has been involved in this case on the statement of his co-accused, the evidentiary value of which shall be seen during trial. Nothing has been recovered from the person of the petitioner and alleged recovery of forged stamps, were found lying in the files kept in the window in the office of the petitioner. This piece of evidence required further inquiry about the guilt of the petitioner. Furthermore, the alleged recovered stamps have been sent to the concerned department for verification whether these are forged or not and so far there is no report to this effect. Even otherwise, there is no allegation that petitioner had prepared those forged stamps., The petitioner is behind the bars but there is no substantial progress in the trial. In such like offence the Hon'ble Supreme Court of Pakistan in the case "Fazal Ellahi and another v. The State" (2004 SCM R 235), allowed bail to the accused, considering that accused were in custody, investigation had been completed and further detention was held to be of no use to the prosecution. Respectfully following the above dictum of the apex Court, this petition is allowed and as a necessary consequence the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction A of learned Special Judge Central/Sessions Judge, Multan..

Cited by 1 case

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