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Criminal Miscellaneous No. 3030/11 of 1976 , decided on 8th September 1976.
---S. 497‑Petitioners, accused of offences not falling within prohibi tory clause of S. 497‑Petitioners in judicial lock‑up and their persons In no more required for investigation‑Petitioners admitted to bail, in circumstances.‑[Bail]
Malik Bahauddin for Petitioner.
Malik Muhammad Khan for A.‑G. for the State.
The petitioners are accused of entering Pakistan without valid documents and also with six camels allegedly bearing Indian marks in contravention of section 4 of the Pakistan (Control of Entry) Act, 1952 and section 156 of the Land Customs Act. The learned counsel for the State on instructions from the Investigating Officer who is present in Court today submits that the investigation in this case has already been completed and the report under section 173, Cr. P. C. has already been submitted by the Investigation Officer which is lying for scrutiny with the prosecution branch and is likely to be filed in Court for trial. The learned counsel further informs this Court on instruction that the petitioners are now lodged in the judicial lock‑up in jail and their persons are no longer required for further investigation. Tile offence for which the petitioners ate accused of do not fall within the prohibitory clause because none of the two offences alleged against the petitioners are punishable with 10 years' R. I. or more. Out of the petitioners it is stated that Allah Bux was arrested on 15‑6‑1976 while Ghulam Muhammad petitioner was arrested on 29‑6‑1976 and since then they are in custody. Therefore, in the circumstances of the case, I order the release of the peti tioners on bail provided each of them furnishes security in the slam of Rs. 10,000 (ten thousand) with one surety in the like amount each to the satisfaction of A. C., Ahmadpur East, District Bahawalpur.
It will be open to the learned trial Court to consider the question of cancellation of the bail of the petitioners after recording some material evidence.
Petition allowed.
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