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1987 P Cr. L J 2507

KHALID NAWAZ vs THE STATE-

Citation1987 P Cr. L J 2507
CourtLahore High Court
Case No.Criminal Miscellaneous No. 1795/B .of 1985
Date1987-06-21
Judge(s)Khizar Hayat
ResultBail allowed

ORDER

Khalid Nawaz, petitioner, has applied for the grant of bail in a case F.I.R. 55 of 1987 registered under Articles 3 and 4 of Prohibition (Enforcement of Hadd) Order 4 of 1979, at Police Station Basirpur, District Okara, on 24-3-1987.

2. According to prosecution, 1000 grams (1 kilogram) of Charas was recovered from the dash- board of Car No. 7490-OK wherein the petitioner was found sitting. The instant case was thus, registered and the petitioner arrested. Challan in this case is stated to have since been put in Court. The petitioner's bail plea was declined by the lower Court, hence this petition.

3. I have heard learned counsel for the petitioner as well as for the State and also perused the record. It is contended on behalf of the petitioner that the police of the Ilaqa is inimically disposed towards him which in order to victimise him has registered about a dozen cases against the petitioner and his family members for different offences; the same day. This clearly manifests the mala fides of the police. A.S.I. Abdul Qadir who is present in Court with record admits that case F.I.R.

No.51 of 1987, F.I.R. No.5 of 1987, under' section 13 of Arms Ordinance 1965, case F.I.R. No. 54 of 1987 under section 13 of Arms Ordinance, 1965, case F.I.R. No. 56 of 1987 under section 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979, case F.I.R No. 57 of 1987 under section 13 of Arms Ordinance and case F.I. R. No.58 of 1987 under section 3/4 of the Prohibition (Enforcement of Hadd)

Order, 1979 were registered on one and the same day (4-3-1987) against different relatives of the petitioner.

4. In view of the facts narrated above prima facie there appears force in the contention of the learned counsel that the police is pitted against the petitioner and his family members and has registered cases against them in order to victimize them. However, without expressing on the merits of the case I feel inclined to allow this petition. The petitioner is directed to be released on bail subject to his furnishing bail bonds in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Depalpur.

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