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Criminal Miscellaneous No. 3525/ B of 1986, decided on 17th January, 1987.
-----S. 497-----penal Code (XLV of 1860) S. 379/409----Bail, grant of----On receipt of challan in Trial Court notice issued to petitioner but same could not be served as he had already gone abroad----- petitioner however, on coming to know about issuance of notices, returning to Pakistan, surrendering before Trial Court and applying for bail but his bail application turned down----petitioner in jail for over five weeks-----petitioner allowed bail, in circumstances.
Fazal-e-Miran Chauhan for Petitioner.
Najam-ul- Hassan for the State.
Abdul Ghafur petitioner has moved this petition for bail: He is involved in a case under sections 379 and 409/109, P.P.C. He was admitted to bail by the learned Additional Sessions Judge, Gujrat, on 13-9-1983. The challan was submitted on 8-2-1986 and notice were issued to him for different dates but he was reported to have left abroad and his bail was cancelled by the learned Special Judge (Central), Lahore. Warrants for his arrest were ordered to be issued on 28-6-1986. As the warrants could not be executed, proclamation under section 97, Cr.P.C. was issued and in the meantime he appeared and moved an application for bail before the learned Special Judge (Central) but the same was dismissed.
2. Learned counsel for the petitioner contends that the petitioner and his co-accused have been appearing in the Court of Mr. Abdur Rahim Magistrate First Class, Gujrat. In December, 1983 the petitioner and all other accused were informed by the learned Magistrate that they will be summoned when the challan was received. The petitioner did not receive any summon and he left the country, but as soon as he learnt that the challan had been submitted and notices had been issued by the learned Special Judge (Central), he left his job and surrendered himself before the Court, therefore, he cannot be said to have abused the concession. The learned State counsel does not oppose the prayer for bail but submits that heavy surety be demanded from the petitioner.
3. I have considered the above submissions. From the order of the Special Judge (Central) it appears that the challan was submitted in Court on 8-2-1986 and the notices issued on different dates could not be served as the petitioner had left the country. His absence from the country during the pendency of the case cannot be justified on any premises. However, when he came to know that notices had been issued to him, he returned to Pakistan and surrendered before the Court. Now he is in jail since 9-12-1986. In the circumstances, I admit him to bail in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of the learned trial Court.
S.G.D./747/L Bail allowed.
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