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GHULAM NABI versus THE STATE


Criminal Code of Conduct (CCPC) Section 498 Withholding Code (XLV of 1860), Sections 419, 420 and 471 Pre-arrest Guarantees, Pre-arrest Interim Bail Denied by Two Defendants for Their Absence The third accused has not been found. The bailiff refused to remain fit to approve the pre-arrest bail
1986 P Cr. L J 1416

[Lahore]

Before Ruston S. Sidhwa, J

GHULAM NABI‑‑Petitioner

Versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 1722/B of 1985, decided on 14th October, 1985.

Criminal Procedure Code (V of 1898)

‑‑‑S. 498‑‑Penal Code (XLV of 1860), Ss. 419, 420 & 471‑ Pre‑arrest bail, refusal of‑‑Pre‑arrest interim bail granted to two of accused recalled due to their absence‑‑Case of third accused not found to be fit for grant of pre‑arrest bail‑‑Bail refused.

Ch. Muhammad Aslam Sandhu for Petitioner.

Farrukh Humayyun for the State.

Date of hearing: 14th October, 1985.

ORDER

Muhammad Hussain and Muhammad Sarwar, petitioners Nos.2 and 3 are absent. Their pre‑arrest bail is cancelled. The order allowing them pre‑arrest interim bail on 15‑7‑1985 is hereby re‑called. They shall be taken into custody.

2. With regard to the case of Ghulam Nabi, petitioner No.1, the arguments have been heard. For reasons given by the learned Sessions Judge, Sheikhupura, I do not consider this to be a fit case‑for grant of pre‑arrest bail. This petition is dismissed. The pre‑arrest bail granted to Ghulam Nabi, petitioner, is hereby re‑called. He shall be taken into custody.

H.A.K. Bail dismissed.

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