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1993 P Cr. L J 2042

ABID HUSSAIN vs THE STATE

Citation1993 P Cr. L J 2042
CourtLahore High Court
Case No.Crl. Misc. No,3501/B of 1991
Date1991-11-11
Judge(s)Khalil-ur-Rehman Ramday
ResultPetition dismissed

ORDER

' The petitioner who alongwith others stands accused of offences punishable under section 342/452/395, P.P.C. As also punishable under section 17 of Ordinance VI of 1979 through F.I.R. No,643, dated 21-11-1990 of Police Station Raiwind of District Kasur for having committed Haraba in the house of Rehmat Ali complainant on the night between 16/17/11-1990, prays for bail on the ground that the F.I.R. Was delayed by five days; that despite a lapse of at least one year the challan has still not been submitted; that there is hardly any evidence available with the prosecution to connect the petitioner with the alleged commission of the offences and that, in the circumstances, the matter was one of further inquiry.

2. According to the complainant, six armed persons had entered his house whereafter they herded all the members of the family into one room and they decamped with all the valuables in the house valuing more than Rs,1,50,000. The complainant had explained in the F.I.R. Itself that he had been making efforts to trace out the culprits at his own level and that it was when he had got a clue about the petitioner and other five persons, he had reported the matter to the police.

3. In the circumstances, it cannot be said that no reasonable explanation exists for delay in lodging the F.I.R. Which delay per se, in any case, is of no consequence unless it could be demonstrated that the first informant had utilized this delay in concocting or fabricating a false case.

4. It is not denied that the complainant has no ill-will or animosity against Abid who is stated to be a young boy of 18/20 years of age, which could have prompted the complainant to falsely implicate the petitioner. The petitioner is, in fact, a resident of Kasur whereas the occurrence had taken place in the area of Police Station Raiwind.

5. Some stolen articles were allegedly recovered at the instance of the petitioner, who is specifically named in the F.I.R.

6. In the circumstances, I do not feel inclined to extend the extraordinary concession of bail to the petitioner.

7. This petition is consequently dismissed.

8. No one has appeared with record to assist this Court.

9. A notice shall issue to the S.H.O. Of Police Station Raiwind to show cause the concerned police official who did not enter appearance today.

10. A separate file shall be constructed and this matter shall be listed on 23-11-1991. Office shall ensure that the said S.H.O. Is positively served for the said date.

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