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1990 SCMR 823

Ch. IJAZ AHMAD vs THE STATE

Citation1990 SCMR 823
CourtSupreme Court of Pakistan
Case No.Criminal Miscellaneous Petition No,45 of 1989 in Criminal Petition for Leave
Date1979-07-19
Judge(s)Ghulam Mujaddid Mirza
ResultAd interim bail granted.

ORDER

1. Petitioner seeks leave to appeal against the order of the Lahore High Court dated 26-6-1989 whereby the request for pre-arrest bail was rejected. The petitioner did not personally appear on the said date. Notice was issued to the Advocate-General, Punjab. Additional Advocate-General is present. He vehemently opposed the pre-arrest bail on the ground that conduct of the petitioner is such that he does not deserve special concession of anticipatory bail at this stage. He further submitted that a case has been registered against the petitioner under the Arms Ordinance. A klashnikov and a 7 mm rifle were recovered from the Dera of the petitioner. Mr. Farani, on the other hand, submitted that it is a clear case of political rivalry and the petitioner is being made victim because he is now a full-fledged member of the political party which is not in the good books of the Provincial Government.

2. It is argued that a day prior to the registration of the case against the petitioner, the petitioner had lodged a complaint against S.I. Parvez Saeed and it is this officer who is entrusted with the investigation against the petitioner. Mr. Farani, therefore, alleges mala fide against the prosecution.

3. I find that the petitioner did not turn up before the High Court. His absence is explained by the learned counsel for the petitioner that he was absent A due to indisposition.

4. The petitioner is admitted to ad interim, pre-arrest bail subject to his furnishing bail bond in the sum of Rs,10,000 with one surety in the like amount to the satisfaction of A.C., City.

5. Main petition to be listed in the next session at Lahore during vacation.

6. Ad interim .

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