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Criminal Miscellaneous No. 63 of 1980, decided on 16th November 1980.

Criminal Procedure Code (V of 1898)-

5. 498-Bail, pre-arrest-Petitioner having been seen bringing an ox from Indian side of border-Ox taken into custody while petitioner allegedly escaped-Pre-arrest bail confirmed, in circumstances.

Mansoor Malik for Petitioner.

Sh. Maqbool Ahmad far the State

JUDGEMENT

The petitioner who was on interim pre-arrest bail allowed by the Special Judge, Customs, Lahore, failed to appear on 1-11-1980. His counsel Mr. Mansoor Malik was, however, present and informed the Court that the petitioner was ill. As no medical certificate had been produced, the learned Special Judge declined to extend the interim pre-arrest bail and rejected the application.

2. The allegation against the petitioner is of having been seen bringing an ox from the Indian side. The ox was taken into custody but the petitioner is stated to have escaped.

3. As the case property is already in the custody of the Police, I confirm the interim pre-arrest bail allowed to the petitioner by this Court. The petitioner shall join the investigation as and when called by the Police.

S. G. D.

Petition allowed.