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FAQIR MUHAMMAD versus STATE


Criminal Code of Conduct (CR PC) Section 497/498 and the Conduct Code (XLV of 1860), Section 467/468/471/406/420, and the Corruption Act (II of 1947), Section 5 (2) and the Constitution Pakistan (1973), Article 212A Guarantee In the judicial lockup, no written order is available on record as per the meaning of Article 212A of Pakistan applicant and is not required by police bail.

1983 P Cr. L J 1824(2)

[Lahore]

Before Aftab Hussain, J

FAQIR MUHAMMAD-Petitioner

Versus

THE STATE-Respondent

Criminal Miscellaneous No. 4589- of 1979, decided on 10th February, 1980.

Criminal Procedure Code (V of 1898)----

-----S. 497/498 and Penal Code (XLV of 1860), S. 467/468/471/406/420, and Prevention of Corruption Act (II of 1947), S. 5(2) and Constitution of Pakistan (1973), Art. 212-A-Bail-No written order available on record within meaning of Art. 212-A of Constitution of Pakistan--- Petitioner in judicial lock-up and not required by police-Bail granted.

Ch. Muhammad Ashraf Azeem for Petitioner.

M. A. Gauhar for the State.

ORDER

A case against the petitioner has been registered under section 467/468/ 471/406/420, P. P. C. read with section 5(2) of the Prevention of Corruption Act by Police Station Burewala, District Vehari. Presently there is no written order on the record within the meaning of Art. 212-A of the Constitution of the Islamic Republic of Pakistan. The petitioner is in the judicial lock-up and is no longer wanted by the police for the purposes of investigation.

In this view of the matter, the petitioner is released on bail subject to his furnishing bail bond in the sum of Rs. 20,000 with two sureties each in the like amount to the satisfaction of Illaqa Magistrate A. C., Burewala. If at any stage it is decided to try the petitioner in a Military Court, this order would not stand in their way.

Bail granted.

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