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JAVID IQBAL versus STATE


Criminal Code of Conduct (CRPC) Section 497 of the Criminal Procedure (XLV of 1860), Section 302/34 Guarantee, the defendant's grant and one of his accomplices was allegedly held by the defendant by his arm. There was no one when the victim was shot by another partner. When only the original suspect was armed with a pistol, he would need to apprehend the victim before firing by the accused, as further inquiries into the questioning or involvement of the accused are required, in the circumstances. Bail is allowed

1986 M L D 2632

[Lahore]

Before Muhammad Rafiq Tarar, J

MUHAMMAD YUSUF‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Revision No. 163 of 1986, decided on 22nd April, 1986.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S.499‑‑Bail‑‑Special Judge ordering for furnishing Bank guarantee instead of surety‑‑Court had no power to demand security in form of Bank guarantee‑‑Accused ordered to be released on furnishing bail bond in circumstances.

Muhammad Afzal Wahla for Petitioner.

Mian Muhammad Bashir for the State.

ORDER

Muhammad Yusuf petitioner was allowed bail by the learned Special Judge (Central), Lahore, subject to his furnishing bank guarantee in the sum of Rs. 92,200. He has come up in revision for modification of the order regarding the furnishing of the bank guarantee.

2. I have heard the learned counsel for the parties. Section 499, Cr.P.C. envisages the taking of a personal bond from the accused and bond "by one or more sufficient sureties..." The Court has no power to demand security in the form of a bank guarantee. Consequently, the order dated 20‑11‑1985 of the learned Special Judge (Central), Lahore, is modified to this extent that the petitioner shall be release on bail subject to his furnishing bail bond in the sum of Rs. 1,00,00 with one surety in ‑the like amount to the satisfaction of the learned Sessions Judge, Lahore.

S. A. Revision accepted.

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