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2012 YLR 801

MUHAMMAD SHAFEEQ vs THE STATE and anothers

Citation2012 YLR 801
CourtLahore High Court
Case No.Criminal Miscellaneous No,2832-B of 2011
Date2011-08-24
Judge(s)Muhammad Qasim Khan
ResultBail allowed

ORDER

' MUHAMMAD QASIM KHAN, J.--- Muhammad Shafique petitioner seeks post-arrest bail in a case registered vide F.I.R. No,411 of 2011 dated 16-8-2010 at Police Station Muzafarabad District Multan under sections 395/412, P.P.C.

2. Succinctly, the prosecution case is. That on the night of 14-8-2010, 12 unknown bandits trespassed into the premises of Messrs Khokhar Cotton Factory and Oil Mills, industrial Estate, Multan held the watchman under the shed of gun, tied him up took away net cash of Rs,7,000 a repeater gun, cell phone and cables valuing Rs,3,90,440. Hence, the case.

3. The learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case. The petitioner is not named in the F.I.R. And the supplementary statement of the complainant was recorded on 4-9-2010 after about 26 days of the occurrence in which the complainant has shown his suspicion on the petitioner along with others. Further added that no identification parade was held. Lastly submitted that the investigation is complete and the petitioner is previously non-convict. In these circumstances, he may be allowed bail.

4. On the other hand, the learned D.P.-G. Assisted by learned counsel for the complainant has opposed the submissions advanced by the learned counsel for the petitioner and prayed for dismissal of the bail petition.

5. Heard. Record perused.

6. The petitioner is not nominated in the F.I.R. The complainant in his supplementary statement recorded on 4-9-2010 after about 26 days of the occurrence shown his suspicion on the petitioner and others. The petitioner was not put to test identification parade. This fact alone is sufficient to make it a case of further inquiry. The petitioner is previous non convict. Mere presence of the petitioner did not create any bar for the grant of bail if otherwise accused becomes entitled for the same. The petitioner is behind the bars. The investigation is complete and Challan has been submitted in the Court.

7. Cumulative effect of the above discussion is that the petitioner is admitted to post-arrest bail subject to furnishing bail bonds in the sum of Rs,1,00,000 (Rupees the hundred thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court/Duty Judge.

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