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Criminal Miscellaneous No. 2531 of 1967, decided on 26th June 1967.
‑‑ S. 498‑Bail‑Accused sent up on charges under Ss. 457 & 354, P. P. C. but facts disclosed in F. I. R., even if accepted as correct, disclosing offences under Ss. 451 & 354, P. P. C. Both such offences being bailable, accused directed to be bailed out till charge of a non bailable offence framed.
Yousuf Ali Khan for Petitioner.
Muhammad Ashraf for the State.
This is an application for] bail. The petitioner is Gulzar Masih who is accused in a case under sections 457 and 354, P. P. C. It is contended that even if the facts stated in the first information report be accepted a correct, still section 457, P. P. C. would not apply. There is force in the argument. The appropriate section would be 451 and not 457, P. P. C. Since the offence under sections 451 and 354, P. P. C. is bailable the petitioner is directed to be released can bail on his furnishing a bail bond in the sum of Rs. 1,000 (Rupees pane thousand) with two surety in the like amount to the satisfaction of the Additional District Magistrate, Sialkot.
2. The petitioner will continue on bail till such time as a competent Court frames a charge of non‑bailable offence against him. It will, in that event, be open to the trial Court to cancel bail.
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