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Criminal Miscellaneous No. 1069-H of 1979, decided on 8th April, 1979.
--- S. 497-Bail-Case of petitioner at par with that of co-accused---already admitted to bail by Sessions Court--Investigation complet ed--Petitioner admitted to bail.
Malik Rah Nawaz Noon for Petitioner.
Malik Aminullah for the State.
Israr Ahmad petitioner who along with two others, namely, Sher Ali and Muhammad Anwar, is involved in a case under sections 420 and 406, P. P. C. has moved this petition for bail. The allegations are that in October, 1978 the petitioner and his co-accused deprived fifteen persons of Rs. 5,000 each by fraudulent representation and subsequently misappro priated the said amount.
2. The learned counsel for the petitioner contends that the case of the petitioner is at par with that of Sher Ali and Muhammad Anwar who have been admitted to bail by the learned Additional Sessions Judge, therefore, the petitioner is also entitled to the same concession. He further submits that the investigation is now complete and the petitioner is no longer required for that purpose. The learned State counsel has opposed the prayer for bail.
3. After going through the relevant material, I feel that the case of the petitioner is not distinguishable from the other co-accused who have been admitted to bail by the learned Additional Sessions Judge. The Investigating Officer concedes that the investigation is already complete. 'The petitioner was arrested on 28th February, 1979 and is in jail since then. In the circumstances. I admit him to bail in the sum of Rs. 20,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner Rawalpindi.
Order accordingly.
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