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FATEH MUHAMMAD versus STATE


Criminal Code of Conduct (CCPC) Section 497 Bail, unlawful assembly of shotguns, assault on management staff, loss of factory to a man, plus conviction for arson and robbery. Apart from being a policeman, he was arrested on the spot while throwing bricks. The mere fact that the applicant is not mentioned in the FIR is his arrest, there is not enough ground for grant of bail, in which case the bail is rejected.

1981 P Cr. L J 934

[Lahore]

Before Muhammad Rafiq Tarar, J

FATEH MUHAMMAD-----Petitioner

Versus

THE STATE-Respondent

Criminal Miscellaneous No. 1070-B of 1981, decided on 3rd May, 1981.

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

-- S. 497---Bail, grant of --- Petitioner, member of an unlawful assembly resorting to firing, attacking Management Staff, damaged main once of factory besides committing offences of arson and looting---Petitioner apprehended at spot while hurling brick bats on police-Mere fact petitioner being not mentioned in F. I. R., held, not a sufficient ground for grant of bail, to circumstances-Bail declined.

Muhammad Akram Khokhar for Petitioner.

C. M. Latif Rawn for the State.

JUDGMENT

Fateh Muhammad petitioner who along with others is involved in a case under sections 148, 307, 382, 506, 436, 332 and 352/149, P. P. C., has moved this petition for bail. The allegations are that on 14thFebruary, 1981 about one thousand labourers while being members of unlawful assembly resorted to firing, attacked the Management Staff of Service Industry, committed theft of cloth worth Rs. 1,500, burnt three cars and damaged the main office of the Factory.

2. The learned counsel for the petitioner contends that the petitioner is not an employee of the factory and he is not named in the F. I. R. therefore he is entitled to the concession of bail.

3. I have gone through the relevant material. The petitioner was apprehended at the spot while hurling brick bats on the police. The there fact that he is not named in the F. I. R. is not a sufficient ground for the grant of bail because the number of persons who resorted to violence was over a thousand and it was not possible to name each and every one of them in the F. I. R. The allegations are of serious nature. I am, therefore, not inclined to admit the petitioner to bail at this stage, The petition is dismissed.

Bail refused.

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