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SHER MUHAMMAD versus STATE


Criminal Code of Conduct (CRPC) Section 497 Prohibition (Enforcement Hadith) Order (4 of 1979), Arts 3 and 4 Guarantee, Prisoner's detention was not released for more than three months although applicant bail. Not allowed, in the circumstances

1987 P Cr. L J 1022

[Lahore]

Before Muhammad Rafiq Tarar, J

SHER MUHAMMAD‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 3401 of 1986, decided on 16th December, 1986.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4‑‑Bail, grant of‑‑Petitioner in custody for over three months yet trial not commenced‑‑Petitioner allowed bail, in circumstances.

Lal Baz v The State 1986 P Cr. L J 2805ref

Kh. Abdul Sami for Petitioner.

Date of hearing: 16th December, 1986

JUDGMENT

Sher Muhammad alias Sher petitioner has moved this petition for bail in a case registered against him under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order 1979.

2. The prosecution version is that on 9‑7‑1986 at 9‑00 p.m. the petitioner sold one gram Heroin to a fake customer. After that the petitioner was apprehended by the police raiding party. On his personal search Heroin weighing 10 grams was recovered from him.

3. Learned counsel for the petitioner contends that in the memo. of recovery it has been mentioned that about 10 grams Heroin was recovered from the petitioner. He relies on Lai Baz v. The State 1986 P Cr. L J 2805 to contend that since only approximate weight of Heroin was mentioned in the memo., therefore, his case calls for further inquiry. It is further submitted that the petitioner was arrested on 9‑7‑1980 and his trial has not commenced so far. Nobody has appeared on behalf of the State to controvert the submissions made by the learned counsel for the petitioner. In the circumstances the petitioner is admitted to bail in the sum of Rs.20,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Lahore, Sadar.

S. G. D. /S‑14/L Bail allowed.

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