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SARDARA versus STATE


Criminal Code of Conduct (CCPC) Section 498 A bail, pre-arrest stolen buffaloes in which a sum of Rs 16,000 has been requested has been exported to the applicant.

1981 P Cr. L J 1277 (1)

[Lahore]

Before Muhammad Rafiq Tarar, J

SARDARA-------Petitioner

Versus

THE STATE Respondent

Criminal Miscellaneous No. 772-B of 1980, decided on 25thMarch 1980.

Criminal Procedure Code (V of 1898)---

---- S. 498-A-Bail, pre-arrest--Stolen buffaloes valuing Rs. 16,000 shown to have been recovered from dhari of petitioner-No proof adduced of complainant having had civil litigation with petitioner accused-Pre-arrest bail not granted in circumstances.

Khan Lal Khan Baluch for Petitioner.

Zaheer Ahmed Saeed for the State.

ORDER

Sardara petitioner has moved this petition for pre-arrest bail in a case registered against him under section 411, P. P. C. vide F.I.R. No. 43, dated 16th February 1980, at Police Station Chak Jhumra. The allegation is that two stolen buffaloes belonging to Shamir and Suba were recovered from his Dhari on 16th February 1980 just after the registration of the case.

2. The learned counsel for the petitioner contends that the stolen buffaloes have already been recovered, no report was lodged by the owners and Jamshed complainant is inimically disposed towards the petitioner due to civil litigation pending in the civil Court, Faisalabad.

3. I have gone through the relevant material. The petitioner has not produced any documentary proof of the fact that the complainant had civil litigation with him. The memo of recovery shows that two stolen buffaloes of the value of Rs. 16,000 were recovered from the Dhari of the petitioner. In the circumstances, I do not consider it a 8t case for the grant of extraordinary concession of pre-arrest bail. The order, dated 8th March 1980, is recalled and the petition is dismissed.

Petition dismissed.

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