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JAVID HUSSAIN versus THE STATE


Sections 497 and 498 ail of the Criminal Code (CCPC) do not impose any type of offense against cell applicants that can be punished with death, life imprisonment or 10 years. Section 61 and the Customs Act (IV of 1969), section 156 (8) (89) [guarantee]
1977 P Cr. L J 475

[Lahore]

Before Muhammad Siddique, J

JAVID HUSSAIN‑Petitioner

Versus

THE STATE‑‑‑Respondent

Criminal Miscellaneous No. 2625/B of 1974, decided on 9th September 1974.

Criminal Procedure Code (V of 1898)‑

----Ss. 497 & 498‑'Sail‑None of offences alleged against petitioner punishable with death, life imprisonment or 10 years' R. I.‑‑Petitioner no longer required for further investigation of case‑Bail granted ‑ Punjab Excise Act (I of 1914), S. 61 and Customs Act (IV of 1969), S. 156(8)(89)--‑[Bail]

Qazi Umar Draz for Petitioner.

Ch. Muhammad Sarwar far the State.

ORDER

The Investigating Officer states that a complete challan has already been submitted in the Court, and the petitioner is in the judicial lock‑up, been as he is no longer required for further investigation of the case. It is admitted by the learned counsel for the State that none of the offences alleged against the petitioner is punishable with death, life imprisonment or 10 years' R I. However, according to him the offence of smuggling is a serious one and A the petitioner could not be enlarged on bail.

2. Without expressing any opinion on merits, I enlarge the petitioner on bail, of, provided he furnishes a bail bond in the sum of Rs. 10,000 (Rupees ten thousands) with two sureties each in the like amount, to the satisfaction of the Assistant Commissioner/Illaqa Magistrate, Rawalpindi.

3. The petitioner is directed to associate with the investigation.

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