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K.L.R. 1994 Shariat Case 15

ABDUL RASHID vs THE STATE

CitationK.L.R. 1994 Shariat Case 15
CourtLahore High Court
Case No.Crl. Misc. No. 4338/B of 1993,
Date1993-12-07
Judge(s)Rashid Aziz Khan
ResultN/A

ORDER

RASHID AZIZ KHAN, J.- Abdul Rashid petitioner seeks bail in case registered against him and others with Police Station Shalimar, Lahore, vide FIR No.261/86, for an offence under section 392 PPC and section 17 of Offences against Property (Enforcement of Hadood) Ordinance, 1979.

Learned counsel for the petitioner submits that the petitioner was later on allowed bail and he appeared throughout before the trial court except on 6.11. 1991, in pursuance of which the trial court cancelled the bail. Learned counsel asserts that the petitioner was arrested and sent to jail on 3.11.1991 in another case, therefore, could not appear before the trial court and in such circumstances his absence was neither intentional nor wilful, but was due to the circumstances beyond his control. The petition has vehemently been opposed by learned counsel for the State.

2. After hearing both the sides, I have noticed that the bail of.The petitioner was conceded on 6.11.1993 and till today he is behind the bars. The trial has not concluded as yet, though according to the learned counsel for the State, only one prosecution witness remains to be examined.

In these circumstances, I feel the petitioner is entitled to concession of bail. Therefore, the petitioner is allowed bail, provided he furnishes security in the sum of Rs. 100000/-(Rupees on lac only), with two sureties, each in the like amount to the satisfaction of the trial Court.

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