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MST. REHMI versus S. H.O. , BASIRPUR


Criminal Code of Criminal Procedure (CR PC) Section 154 Case Registration Criminal FIR registered on the instance of one party - second party version - who lost his life, police High Court did not direct Section H To record the other party's report under 5. 154, CR PC and while performing its legal duty, the High Court, while directing the registration of a case on the aggrieved party's motion, could be said to have been mistaken as other people have already been able to file an FIR. Were done

1987 M L D 1690(1)

[Lahore]

Before Muhammad Rafiq Tarar, J

SHAUKAT MAHMOOD--Petitioner

Versus

THE STATE--Respondent

Criminal Miscellaneous No. 374/8 of 1987, decided on lat March, 1987.

Criminal Procedure Code (V of 1898)--

---S.497--Penal Code (XLV of 1860), Ss.336 & 379--Bail, grant of- Co-accused already granted bail--Case of accused at par with his co-accused--Bail granted in circumstances.

Ch. Liaqat Ali Sindhu for Petitioner.

M. Salim Shad for the State.

Date of hearing: 1st March, 1987.

JUDGMENT

This is a petition for bail on behalf of Shaukat Mahmood, petitioner who is involved in a case registered under sections 379 and 336, P.P.C.

2. Bail is claimed on the ground that the case of the petitioner is on better footing than that of co-accused Asghar who has since been released on bail by this Court vide order dated 1-2-1987, passed in Criminal Miscellaneous No. 56-B of 1987.

3. Muhammad Asghar accused was allowed bail mainly on the ground that in the recovery menu it had been stated that Hadayat Ullah, complainant had produced the stolen money (Rs.151) before the Investigating Officer which had been earlier recovered from Shaukat Mahmood (petitioner herein) but in the F.I.R. it was stated that / currency notes of the value of Rs. 1561 were recovered from Muhammad Iqbal. The case of the petitioner is at par with that of co-accused Muhammad Asghar. In the circumstances, I admit the petitioner to bail in the sum of Rs. 10,000 with one surety in the like amount t the satisfaction of the Assistant Commissioner, Gujranwala.

S.A./S-69/L Bail granted.

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