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Criminal Miscellaneous Nos. 1078‑B and 1‑86 of 1986, decided on 19th April, 1986.

‑‑‑S. 498‑‑Penal Code (XLV of 1860). S. 420‑‑Bail‑‑Accused granted pre‑arrest bail after first information report was lodged formerly‑‑On same facts complainant party causing an application to be filed before F.I.A. as a result of which another first information report was lodged wherein names of almost same persons, alleged to have been cheated, were given as in earlier first information report‑‑Subsequent, first information report stated to be amounting to lodgment of a second case against accused on same facts and resulting in double jeopardy‑‑Accused admitted to interim pre‑arrest bail.

Muhammad Akbar Cheema for Petitioner.

Learned counsel for the petitioner submits that the first F.I.R. which was recorded on 21‑6‑1982 related to the occurrence which had taken place in 1978 and that the said F.I.R. was lodged after attempts were made to obtain the refund of the amounts alleged to be defrauded. It is contended that in respect of the said F.I.R., Muhammad Aslam, the present petitioner, was granted pre‑arrest bail by this Court in Criminal Miscellaneous 1706/B of 1982 on 8‑8‑1982. It is further submitted that on the same facts, the complainant party caused an application to A be filed before the F. I. A., which, after necessary investigation, resulted in the lodgment of F.I.R. No. 248/85 at Police Station F.I.A. Lahore on 14‑11‑1985. It is submitted that the names of almost the same persons are given therein who were alleged to have been cheated, as given in the earlier F.I.R., and that the subsequent F.I.R. amounts to lodgment of a second case against the petitioner and others on the same facts, thus resulting in double jeopardy.

2. Admit. Notice.

3. The Investigation Officer with Police file shall be summoned for the next date of hearing.

4. Meanwhile, Muhammad Aslam, petitioner, is admitted to interim pre‑arrest bail in the sum of Rupees Fifty Thousand (Rs.50,000) with one surety in the like amount to the satisfaction of the Assistant Commissioner, City, Lahore.

5. Copy dasti on payment of usual charges.

6. To come up on 27‑4‑1986 for confirmation, on which date the petitioner shall attend the Court.

7. The production of certified copies of Annexures 'A', 'B', 'C' and 'D' are dispensed with. This application stands disposed of.

Arguments heard.

2. for reasons given in my order, dated 19‑4‑1986, the interim pre‑arrest bail granted to Muhammad Aslam, petitioner is hereby confirmed.

M.Y.H. Bail granted.

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