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INAYAT ULLAH KHAN versus STATE


Criminal Code of Conduct (CR PC) Section 497/498 Sentencing Code (XLV of 1860), Section 364/34 Legal Basis Whether the case is being filed on a Sessions Judge of 10 10 1983 that the case has not been initiated or not It is likely to launch by March. The 1985 defendants were, on trial, entitled to be released on bail on a legal basis

1985 M L D 840

[Lahore] .

Before Rustam S. Sidhwa, J

INAYATULLAH KHAN and another--Petitioners

versus

THE STATE--Respondent

Criminal Miscellaneous No. 3366/13 of 1984, decided on 11th February, 1985.

Criminal Procedure Code (V of 1898)--

---S. 497/498--Penal Code (XLV of 1860), S. 364/34--Statutory ground- Whether available--Case registered on 10-10-1983--Sessions Judge reporting that trial has not begun nor it is likely to commence till March, 1985--Accused, held, were entitled to be released on bail on statutory ground in circumstances of case.

Malik Abdul Sattar Chughtai for Petitioners.

Muhammad Nawaz for the State.

ORDER

This is a petition under section 497/498, Cr.P.C. by Inayat Ullah Khan and Shafaa Ullah Khan, petitioners, for bail in respect of a case- instituted against them under section 364/34, P.P.C. at Police Station Piplan on 10-10-1983.

2. Notwithstanding the fact that the case was registered against the petitioners on 10-10-1983, the report of the learned Sessions Judge shows that the trial . has not begun and the same is not likely to A commence till March, 1985. In view of this, the petitioners are entitled to be released on bail on statutory ground.

3. For the foregoing reasons, this petition is accepted and Inayat Ullah Khan and Shafaa Ullah Khan, Petitioners, are hereby released on bail, subject to their furnishing security in the sum of Rupees Twenty Thousand (Rs.20,000) each with one surety each in the like amount to the satisfaction of the' Assistant Commissioner, Mianwali.

S.A.

Petition accepted.

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