Pakistan Case Lawโ† Search
2002 YLR 566

MUHAMMAD FAROOQ and anothers vs THE STATE

Citation2002 YLR 566
CourtLahore High Court
Case No.Criminal Miscellaneous. No,398-I3 of 2002
Date2002-02-26
Judge(s)Muhammad Khalid Alvi
ResultBail granted

ORDER

' Petitioner seeks post arrest bail in case F.I.R. No,261 of 2001 dated 30-10-2001 under sections 458, 380, 411, 171 and 170,' P.P.C, registered at Police Station Malka Hans, District Pakpattan.

2. Brief facts of the case are that on the night of 29-10-2001, complainant's brother, his wife and mother were sleeping in their house. At about 1-30 a.m. Five persons entered into their house who were armed with deadly weapons and had muffled theit faces, one of them was in police uniform.

Mst. Bashiran complainant's mother woke up and accused persons asked that Allah Dina, her son is an accused person and they have come to arrest him. Complainant's mother was tied up by the accused person with her Dopatta. Allah Ditta brother of complainant when came out, he was searched out by the accused persons and Rs,500 was recovered from him. Thereafter, a T.V and Taper Recorder was taken away by the accused persons. Allah Ditta was asked to,accompany the accused. He refused to accompany them and he started hue and cry whereupon witnesses were attracted to the spot. The accused persons ran away. However, Abbas co-accused was apprehended by the witnesses. T.V and Taper Recorder was left behind. Co-accused Abbas told that his other co-accused are the present petitioners and one Mansha and Noshi. Consequently the instant F.I.R. Was recorded.

3. Learned counsel for the petitioner contends that except recovery of Rs,100 each from the petitioners there is no incriminating evidence available with the prosecution sat present.

4. On the other hand learned State counsel has opposed this application.

5. At the same time learned State counsel is not in a position to show any other evidence against the petitioners except the above referred recovery of Rs,100 each from the petitioners that too prima facie at present does not connect the' petitioners with the commission of crime at this stage.

In the circumstances, the case of the petitioners requires further inquiry. Accordingly they are admitted to bail in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of Trial Court.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch