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1978 P Cr. L J 367

MUHAMMAD BOOTA vs THE STATE

Citation1978 P Cr. L J 367
CourtLahore High Court
Case No.Criminal Miscellaneous No, 4108/B of 1977
Date1977-11-15
Judge(s)Muhammad Rafique Tarar
ResultPetition allowed

ORDER

1. ' Muhammad Boots, Muhammad Hanif and Rashid petitioners have moved this petition for bail in a case registered against them and their co-accused under sections 148, 302 and 307 read with section 149, P. P. C. This petition was admitted to bearing on 10th October 1977. On 7th November 1977 the learned counsel for the petitioners filed an amended petition 368PAKISTAN CRIMINAL LAW JOURNAL(VOL. XI alleging that the petitioners appeared once in the Sessions Court in June 1977 when the case was adjourned sine die and thereafter there was no remand order, therefore, their detention in Jail was illegal. The learned State Counsel was given two opportunities to ascertain the factual position but he is not in a position to controvert the above contention. Relying on Ghazl and others v. State (1) and the order of this Court passed in Cr. M. No, 1430-B of 1977 (Muhammad Yusuf v. State) it is contended that the detention of the petitior ere in Jail is illegal and they are entitled to bail. In view of the authorities cited above, the learned State Counsel does not oppose this petition.

2. Section 344, Cr. P. C. Lays down that adjournment shall be from time to time and for fixed and definite period. It is well settled that the case cannot be adjourned sine die. In the circumstances. I admit the petitioners to bail in the sum of Rs, 2,000 each with two sureties each in the like amount to the satisfaction of A. C. Gujranwala. {{FOTE NOTE}}

(1) PLD 1977 B J 20 {{FOTE NOTE}}

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