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PERVEZ MAHATOOD versus STATE


Article 185 (3) of the Code of Criminal Procedure (v. 1898), Section 497 Interim bail has been affirmed by the non-committal preliminary party, the trial is likely to occur in the near future. Has given

1985 S C M R 696(1)

Present: Aslam Riaz Hussain, Actg. C.J., M.S.H. Quraishi and Mian Burhanuddin Khan, JJ

PERVEZ MAHMOOD‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Petition for Special Leave to Appeal No. 286 of 1984, decided on 8th October, 1984.

(Against the order of the Lahore High Court, dated 12‑8‑1984, passed in Criminal Miscellaneous No. 2137 of 1984).

Constitution of Pakistan (1973)‑‑

‑‑‑Art.185(3)‑‑Criminal Procedure Code (V of 1898), S. 497‑‑Interim bail‑‑Confirmation of‑‑Petitioner having made good amount of loss prima facie not guilty of offence of misappropriation‑‑Trial of case likely to commence in near future‑‑Bail confirmed by Supreme Court.

Raja Muhammad Anwar, Advocate Supreme Court with Sharif Hussain Bukhari, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Appellant.

Khalil Ramdey, Addl. A.‑G., Punjab for the State. Date of hearing: 8th October, 1984.

ORDER

ASLAM RIAZ HUSSAIN, Actg. C.J.

‑‑The petitioner was granted interim bail by this Court on 4‑9‑1984. The matter has now come up for confirmation of the interim bail.

2. It is submitted that on 11‑11‑1980 when the occurrence took place, there had in fact been a shortfall of Rs.5,000 and that the amount was made good by the petitioner within six days, that is, 17‑11‑1980. It is, therefore, urged that the petitioner was prima facie not guilty of the offence of misappropriation. It is further submitted that the trial of the case is likely to commence in the near future.

3. After hearing learned counsel for the petitioner and the learned Additional Advocate‑General who appeared on behalf of the A.‑G. Punjab, we are inclined to confirm the interim bail. We accordingly convert this petition into appeal and allow it. The interim bail granted to the petitioner on 4‑9‑1984 is confirmed.

M.I. Order accordingly.

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