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BASHARAT versus STATE


The Criminal Procedure Code (CCPC) Section 498 bail applicant's name is not mentioned in the FIR as it has kept the driver of the truck from place to place for six months in advance of the applicant. Had contributed to the destruction of goods. Existing bail is allowed for a believing applicant if proven guilty

1981 P Cr. L J 627

[Lahore]

Before Abaidullah Khan, J

BASHARAT-Petitioner

Versus

THE STATE-Respondent

Criminal Miscellaneous No. 2747-B of 1979, decided on 19thAugust. 1979.

Criminal Procedure Code (V of 1898)------

--- S. 498--Bail---Petitioner's name not mentioned in F.I.R. as having played role in disposal of goods entrusted to driver of truck for carrying from one place to another-Petitioner already in custody for about six months-Prima facie no reasonable grounds existing for believing petitioner having committed offence-Bail allowed.

S. M. Rashid for Petitioner.

Muhammad Ali Naqvi for the State.

Date of hearing: 19th August, 1979.

ORDER

Basharat (petitioner) was cleaner/conductor of the truck which carried 125 bags of Maida from Gujranwala for delivery at Rawalpindi. The goods were entrusted to the custody of the truck and not to Basharat cleaner. The petitioner is not mentioned in the first information report to have played any role .in the disposal of the goods entrusted to the driver for carrying them from Gujranwala to Rawalpindi. He has already been in custody for about six months. In these circumstances primal facie there do not appear reasonable grounds for believing that the peti tioner may have committed an offence. He is enlarged on bail on his furnishing security in the sum of Rs. 10,000 (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the trial Magistrate, Gujranwala.

Bail allowed.

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