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MUHAMMAD ARIF versus STATE


Article 185 (3) read with the guarantee of the Criminal Code (v. 1898), Sections 497 and 498, the appellant granted the bail to fit the bail granted by the Sessions Judge.
1983 S C M R 1291

Present : Aslam Riaz Hussain and Nasim Hasan Shah, JJ

MUHAMMAD ARIF‑Appellant

Versus

THE STATE‑Respondent

Criminal Petition No. 142 of 1983, decided on 27th April, 1983.

(Against the order/judgment of the Lahore High Court, dated 6th April, 1983 passed in Cr. Misc. No. 407/B/83).

Constitution of Pakistan (1973)‑

‑‑ Art. 185(3) read with Criminal Procedure Code (V of 1898), Ss. 497 & 498‑Bail‑Bail granted by Sessions Judge cancelled by High Court‑Arguments of counsel for appellant and State and examination of orders of Sessions Judge and statement of prosecutrix showing case to be fit one for grant of bail‑Appellant granted bail.

Ch. Muhammad Sadiq, Advocate Supreme Court with Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioners.

Date of hearing: 27th April, 1983.

ORDER

ASLAM RIAZ HUSSAIN, J--

Muhammad Arif petitioner seeks leave to appeal against the order of the Lahore High Court, Lahore, dated 6‑2‑1983 cancelling his bail granted by the Sessions Judge, Gujranwala.

2. We issued notice to the State, converted the petition into appeal and proceeded to dispose it of as such.

3. We have hard the learned counsel for the appellant and the Stat at considerable length and have also gone through the orders of the learned Sessions Judge as well as the High Court, as well as the statement mad by the prosecutrix. Without making any observations which may go t prejudice the prosecution, we are of the view that this is a fit case for grant of bail to the appellant.

Muhammad Arif, appellant, is, therefore, granted bail in the sum of Rs. 20,000 with two sureties each in the like amount, to the satisfaction of Assistant Commissioner, Gujranwala.

S. Q.

Bail granted.

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