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MUHAMMAD NAZIR versus THE STATE


Criminal Code of Criminal Procedure (CCPC) Section 497/498 An illegal bail plea against the applicant, an investigation phase over the last seven months and the applicant for five months in prison has not yet received approval And possibly a trial is not possible. The co-accused has already been admitted to bail for a very long time.

1982 P Cr. L J 1342

[Karachi]

Before Gulbaz Khan, J

MUHAMMAD NAZIR‑Petitioner

versus

THE STATE‑Respondent

Criminal Miscellaneous No. 1190‑B of 1982, decided on 22nd May 1982.

Criminal Procedure Code (V of 1898)‑--

--‑S. 497/498‑Bail‑Misappropriation‑Case against petitioner, at stage of investigation for last more than seven months and petitioner in jail for five months‑Sanction for prosecution yet to be obtained‑Challan not submitted in Court and trial likely to take sufficient long time‑Co‑accused already admitted to bail‑--Petitioner granted bail in circumstances‑Penal Code (XLV of 1860), S. 409/ 402/468/471/201, P. P. C.

Ch. Ghulam Murtaza Khan for Petitioner.

Bashir Beg for the State.

Date of hearing : 22nd May 1982.

ORDER

The allegation against the petitioner and his co‑accused is that by preparing false documents, an amount of‑--Rs. 47,000 (Rupees Forty Seven Thousand) had been drawn by them and misappropriated.

2. The occurrence had taken place on 17‑8‑1981: The case was registered on 8‑10‑1981. The case is still at the stage of investigation although a period of more than seven months has elapsed. The total period of petitioner in jail comes to nearly five months. Sanction for prosecution is yet to be obtained. Since the challan has not been submitted in a period of more than seven months and the trial is likely to take sufficient long time and besides, the co‑accused have been admitted to hail, I admit the petitioner also to bail in the sum of Rs. 50,000 (Rupees Fifty Thousand) with two sureties in the like amount to the satisfaction of Assistant Commissioner, Gujranwala.

Appeal allowed.

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