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K.L.R. 1998 Criminal Cases 472

ASGHAR vs THE STATE

CitationK.L.R. 1998 Criminal Cases 472
CourtLahore High Court
Case No.Crl. Misc. No. 5824-B/96
Date1997-01-15
Judge(s)Sh. Riaz Ahmad, Muhammad Asif Jan
ResultN/A

ORDER

Petitioner is accused of the commission of offence under section 392/412 read with section 109 PPC vide FIR No. 251/96 registered at Police Station Sadar Gujranwala. It is alleged in the FIR that the complainant runs the business of currency exchange at Gujranwala. According to the complainant, on the day of occurrence he alongwith his cashier Maqsood-ul-Hasan was going to Sialkot in his car No. LOY 6983 with an amount of 70,000/- US Dollars which were lying in a bag on the front seat of the car. It is alleged that in the way, car of the complainant was overtook by another corolla car which made the complainant's car to stop, and to unknown persons alighted from the said car and snatched the aforesaid amount of 70,000 $ which was lying in the car of the complainant.

2. Case was investigated and during the investigation it was found that statement of the complainant and that of Maqsood-ul Hasan his cashier ran counter to each other.

3. We have carefully gone through the contents of the FIR as well as the investigation conducted in this case. Obviously, the statements of the complainant and the cashier who is the eye-witness are mutually contradictory. We would refrain from going deeper into the merits of the case, nor we would like to comment upon the same lest the same should prejudice the case of either side. In this view of the matter, we are of the view that case of the petitioner is one of further enquiry within the meaning of section 497(2) Cr.P.C. Accordingly, we direct that petitioner shall be released on bail subject to his furnishing bail bonds in the sum of Rs. One hundred thousand with one surety in the like amount to the satisfaction of Assistant Commissioner, Gujranwala.

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