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MUHAMMAD SADIQ CH. versus THE STATE


Criminal Code of Conduct (CRPC) Section 426 (1A) Appeal for bail, pending appeal in court, has been postponed by the court from time to time as it engaged in other tasks, section 426 (1A). , Under CR, the PC cannot claim the right to be released on bail, however, the bail has been refused for reasons of record in writing. If there is no reason why the offender / appellant should not be released, then the bail should be granted

1987 M L D 2200

[Lahore]

Before Afrasiab Khan, J

AHMAD KHAN--Petitioner'

versus

THE STATE--Respondent

Criminal Miscellaneous No.2553-B of 1987, decided on 2nd August, 1987.

Criminal Procedure Code (V of 1898)--

---S.497--Penal Code (XLV of 1860), S.302--Accused's name figuring in column No.2 of challan--Prima facie accused innocent--Bail granted by High Court and trial directed to be concluded within, period of four months.

Ghulam Hassan Khan for Petitioner.

Riaz Ali Abbasi for the State.

ORDER

This is a petition under section 497/498, Cr.P.C. moved by Ahmad Khan, petitioner, for bail after arrest in a case registered against him under section 302/34 P.P.C. vide F.I.R. No.217, dated 29-12-1986 at Police Station Moochh. District Mianwali.

2. The learned trial Court rejected the bail petition of the petitioner on 19-7-1987.

3. It is argued by the learned counsel for the petitioner that the investigating agency has come to the conclusion that the petitioner is innocent and as such he was placed in column No.2 of the challan of the case.

4. Learned counsel appearing on behalf of the State submitted that there is ample evidence to connect the petitioner with the commission of the crime. He stressed that the petitioner had a motive to commit the murder.

5. After hearing the learned counsel for the parties and perusing the record. I, without expressing any opinion on the merits of the case, find that prima facie the petitioner was found innocent and was placed in column No.2 of the challan. I, therefore, admit the petitioner to bail in the sum of Rs.50,000 (Rupees fifty thousand) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Mianwali.

6. The learned trial Court is further directed to conclude the trial of the petitioner within a period of four months.

K.B.A./A-151/L Bail granted.

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