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Criminal Miscellaneous No. 38/H of 1985, decided on 12th March, 1985.
‑‑‑Ss. 491 & 497‑‑Penal Code (XLV of 1860), Ss.374, 380 & 411‑ Detention‑‑Police record showing that three other cases were pending against detenu under Ss. 379, 380 & 411, Penal Code and for retaining an unlicensed arm‑‑Contention of detenu that he was arrested earlier and case against him registered subsequently not appealing to reason‑ Detenu released on bail till disposal of case.
Muhammad Mumtaz Malik for Petitioner.
Malik Murid Abbas for Respondent.
Date of hearing: 12th March, 1985.
The alleged detenu has been produced before me. Mushtaq Ahmad respondent No.1 is present in person as well as with his learned counsel Malik Murid Abbas. It has been stated by Mr. Ghazanfar Ali, Advocate, Kabirwala that his telephone set and a motor bicycle were stolen and the telephone set has been recovered from the alleged detenu. According to the police record, three other cases are pending against the detenu under sections 379, 380 and 411, P.P.C. and for retaining an unlicenced arm. The detenu has explained that he was arrested earlier and the A case against him was registered subsequently. This explanation does not appeal to the reason. The petitioner is released on bail in this case in the sum of Rs.5,000 with one surety in the like amount to the satisfaction of A. C./Duty Magistrate, Kabirwala till the disposal of the present case. The explanation furnished by Mushtaq Ahmad respondent No.1 may be filed and the notice given to him may be discharged.
M.Y.H. Order accordingly.
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