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Criminal Miscellaneous No. 2314‑B of 1981, decided on 31st August, 1981.
‑‑S. 497‑Petitioner no more required for investigation‑Prosecution evidence recorded and apprehension of tampering with evidence not existing‑Offence alleged punishable with seven years' R.I.‑Bail allowed.
‑‑--S. 497‑Bail‑Fixation of case for final adjudication in near future‑Held, not a good ground for refusing bail.
Amjad Hussain Syed for Petitioner.
Saleem Shad for the State.
This is an application for bail on behalf of Abdul Ghani in a case under section 325, P.P.C. registered at P.S. Toba Tek Singh vide F.I.R. No. 100 dated 17th March, 1981.
2. Learned counsel for the petitioner submits that the alleged offence is not punishable with imprisonment for 10 years or more.
3. Learned counsel for the State submits that even in those cases which do not fall within the prohibitory clause the accused persons are not entitled to bail as a matter of right and that the evidence in this case has already been recorded and it is fixed for final adjudication on 8th September; 1981.
4. After having considered the submissions of the learned counsel for the parties, I find that the petitioner was arrested on 19th May, 1981; he is no more required for investigation; in fact, the prosecution evidence ha been recorded, therefore, there is no apprehension of tampering with the evidence ; the alleged offence being punishable with .imprisonment for seven years' R.I. grant of bail in suchlike cases is a rule:
So far as the contention of the learned State counsel that the case is going to be disposed of in the very near future, I am of the view that if a accused person is otherwise entitled to bail there is no justification to keep him behind the bars even for a moment and the mere fact that the case fixed for final adjudication in the near future is not a good ground for refusing bail. The petitioner is allowed bail m the sum of Rs.10,00 rupees ten thousand) with one surety in the like amount to the satisfac tion of A. C. Toba Tek Singh.
M.Y.M. Bail granted.
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