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1989 P Cr. L J 1592

ALMAST vs THE STATE

Citation1989 P Cr. L J 1592
CourtLahore High Court
Case No.Criminal Miscellaneous No, 1286/B of 1988
Date1988-12-18
Judge(s)Khalil-ur-Rehman Ramday
ResultBail granted

ORDER

' Learned counsel for the petitioner submits that the petitioner was arrested on 21-8-1988 after addition of the offence against him under section 326, P.P.C.

2. The learned counsel contends that the petitioner has been in jail for about four months; this section 326, P.P.C. Was added to the case after a lapse of two months; that the offence under section 326, P.P.C. Might well be punishable with a maximum sentence of imprisonment for life but the prosecution having opted to submit the challan before a Magistrate 1st Class which indicates the fact that State/prosecution does consider that the maximum penalty deserved by the petitioner in case the allegations are proved against him, shall not exceed three years. He submits that while considering grant or refusal of bail, it is not maximum punishment provided which is kept in mind but the punishment which is likely to be awarded to accused which is to be kept in view.

3. Without going into the merits of the case and without expressing opinion on the facts and the evidence available with the prosecution, I feel that the petitioner is entitled to the grant of bail.

4. The petitioner is admitted to bail in the sum of Rs,20,000 with two sureties in the like amount to the satisfaction of the Magistrate, Rajanpur.

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