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2002 YLR 300

MUHAMMAD MANSHA vs THE STATE

Citation2002 YLR 300
CourtLahore High Court
Case No.Criminal Miscellaneous No,66/CS of 2002
Date2002-01-16
Judge(s)Muhammad Farrukh Mehmood
ResultApplication dismissed

ORDER

Through this petition the petitioner has sought cancellation of pre-arrest bail granted to Maqsood Ahmad-respondent by this Court vide order dated 14-11-2001 in case F.I.R. No, 157 of 2000 registered at Police Station Harappa, District Sahiwal on 5-5-2000 for offences under sections 406/34, P. P.0 .

2. In support of this application the learned counsel for the petitioner has contended that the recovery of Tractor is yet to be effected and that after his release on bail, the respondent accused had been threatening the complainant-petitioner.

3. I have heard the learned counsel for the petitioner at length and perused the record. The order dated 14-11-2001 was passed by this Court after providing full opportunity of hearing to the learned counsel for the parties and after considering all the facts and circumstances of the case. The learned counsel for the petitioner-complainant could not point out any concealment of facts on behalf of the respondent-Maqsood Ahmed.

4. As far as the recovery of Tractor is concerned, suffice it to say that no coercive measures can be adopted for the recovery of the same and the law is very clear about it.

5.The allegation that respondent No, 2 Maqsood Ahmad had misused his bail by threatening the petitioner is only a bald assertion. Neither time nor any date has been mentioned nor any witness has been named before whom the respondent-Maqsood Ahmad extended threat. The liberty of a citizen cannot be curtailed due to the private grudge A of a party. The State has also not moved for cancellation of bail. In these circumstances, this application having no merit stands dismissed in limine.

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