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2000 YLR 2773

MUHAMMAD HANIF and 3 others vs THE STATE

Citation2000 YLR 2773
CourtLahore High Court
Case No.Criminal Miscellaneous No, 6762/B of 2000
Date2000-08-16
Judge(s)Asif Saeed Khan Khosa
ResultBail granted

ORDER

' Through this petition Muhammad Hanif, Abdul Karim, Muhammad Ali and Jaffar petitioners have sought post-arrest bail in case F.I.R. No, 73 registered at Police Station, Safdarabad, District Sheikhupura on 18-4-2000 for offences under section 506/186/148/149/34, P.P.C. During the investigation sections 14 and 149, P.P.C. Were deleted from the F.I.R. And they were substituted by section 34, P.P.C.

2. After hearing the learned counsel for the parties and going through the record it has been noticed that no injury had been caused by any of the petitioners during the occurrence in question.

An offence under section 186, P.P.C. Is bailable whereas an offence under section 506, P.P.C. Does not attract the prohibitory clause obtained in subsection (1) of section 497, Cr.P.C. In such cases grant of bail is a rule and its refusal is merely an exception. The challan in this case has already been prepared after completion of investigation and, therefore, continued physical custody of the petitioners in jail is not likely to serve, any beneficial purpose at this stage. It is trite law that the concession of bail ought not to be withheld by way of premature punishment. The petitioners have already spent about 2-1/2 months in jail in connection with this case.

3. For what has been discussed above this petition is allowed and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs, 50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court.

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