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Criminal Petition for Special Leave to Appeal No. 35 of 1982 in Criminal Appeal No. 14 of 1982, decided on 16th February, 1982.
(Against the order of the Lahore High Court dated 24‑1‑1982 passed in Criminal Misc. No. 3396‑B/1981).
Ss. 497 & 498 read with Penal Code (XLV of 1860), Ss. 420, 467 & 468/47/109‑Bail‑Accused petitioner not given sufficient opportunity of appearing and explaining allegations against him‑Some co‑accused not arrested by Police while others including main accused obtaining bail before arrest‑Held, accused petitioner also entitled to bail in circumstances of case.
Sh. Abdul Mannan, Advocate Supreme Court with Tanvir Ahmad, Advocate‑on‑Record for Petitioner.
Rashid Aziz, Additional Advocate‑General with Sh. Ijaz Ali, Advocate‑on -Record for the State.
Date of hearing : 16th February, 1982.
‑The petitioner is accused alongwith 18 others of offences under sections 420/467/468/47/109, P. P. C. read with section 5(2) of the Prevention of Corruption Act, 1947, on the basis of a report made by the Collector, Kasur, as a result of the inquiry relating to the alleged forgery and cheating in respect of sale of State .land. The petitioner applied for bail before' arrest before the High Court through Cr. Misc. No. 3396/B/81 which was dismissed vide the impugned order dated 24‑1‑1982. He applied for Leave to Appeal against the said order.
2. After going through the file relating to the inquiries by the Collector we notice that the petitioner was not given sufficient opportunity of appearing and explaining the allegations against him, the petitioner has been involved in the case. Some of the accused are not being arrested by the police while others have obtained bail before arrest. Even Sarwar Baig the main accused has been released on pre‑arrest bail after this petition was filed.
3. After considering the facts and circumstances of this case we feel that the petitioner, too, is entitled to the concession of bail. We, therefore, convert this petition into appeal and allow the same.
4. The petitioner is granted bail before arrest in the sum of Rs. 10,000 with two sureties each in the like amount to the satisfaction of Assistant Com missioner, Kasur.
Bail allowed.
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