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2001 MLD 1231

SAIFULLAH vs THE STATE

Citation2001 MLD 1231
CourtLahore High Court
Case No.Criminal Miscellaneous No. 2296/B of 2000
Date2000-05-11
Judge(s)Asif Saeed Khan Khosa
ResultBail granted

ORDER

Through this petition Saifullah petitioner has sought post-arrest bail in case F.I.R, No. 783 registered at Police Station Malakwal, District Mandi Bahauddin on 10-11-1999 for offences under sections 379/411, P. P. C.

2. After hearing the learned counsel for the parties and going through the record it has-been noticed that the F.I.R. In this case had been lodged with a delay of two months. The alleged theft in this case had admittedly remained unwitnessed. The buffalo in question had been recovered by the' police jointly from eight accused persons. At worst the case in hand prima A facie appears to be one of section 411, P.P.C. Against the present petitioner and the said penal provision does not attract the prohibitory clause contained in subsection (1) of section 497, Cr.P.C. A challan in this case has already been submitted after completion of investigation. The petitioner has already- spent about seven months in jail in connection with this case.

3. For what has been observed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail in the sum of Rs.50,000 (rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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