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Criminal Miscellaneous No. 2628/8 of 1979, decided on 17th February 1980.
---- S. 497-Bail, grant of-Petitioner, accused of offences under. S. 468/471/511, P. P. C. not named in F.I.R. but found involved during course of investigation-All co-accused already enlarged on bail-Petitioner also allowed bail, in circumstances.
Ch. Ghulam Rasul Waraich for Petitioner.
An F.I.R. was recorded at P. S. Chakwal, on 18th August, 1975 against Muhammad Afzal and others under section 468/471/51l/467, P. P. C. According to the allegations contained in the F. I. R. one Muhammad Afzal who later on turned out to be Waris Ali. and who is now an approver had presented documents for., payment of prize money of Rs. 25,000 00 as winner of the first prize in the Prize Bond draw. According to the F.I.R., the claim was not genuine and the printed number of the prize bond had been changed .by using chemicals. The petitioner is not named in the F.I.R. It appears that thereafter, during the course of investigation the petitioner was found involved in the offence. He was arrested on 6th June, 1979. Nazir Ahmad co-accused of the petitioner has been granted bail by this Court in Criminal Original 1 No. 2213/13 of 1976 on 22nd June, 1976, Abdul Salam has been allowed bail in Criminal No. 360/13/1976 by order dated 31st January, 1976 and Waris Ali (Muhammad Afzal) granted bail in Writ Petition No. 890/79 by order dated 13th March 1979. The other co-accused Israr Ahmad Sherwani and Majid Ahmad were allowed bail by the A. D. C. (G), Jhelum and the petitioner is the only co-accused who is still in the judicial lock-up.
2. The petitioner had earlier applied for bail before the Sessions Judge, Jehlum who refused it on 18th July, 1979 on the ground that the trial of the case had been fixed in September, 1979 and it would serve no useful purpose in enlarging the petitioner on bail.
3. The petitioner, thereafter, moved this Court for enlarging him on bail. Notice was issued and thereafter the case has been adjourned for ore reason or another. Trial has not yet commenced.
4. The accused is charged for offences under section 4681471/511/467, P. P. C. None of the offences for which the accused has been charged carries a sentences above seven years. Taking into consideration the circumstances of the case and without in any manner adverting to the merits the petitioner is allowed bail in the sum of Rs. 20,000.00 (Rs. Twenty Thousand only), with one surety in the like amount, to the satisfaction of the Deputy Registrar (Judicial) of this Court. The record of this case had been called. It be sent back immediately.
Bail allowed.
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