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MUHAMMAD SARWAR JAVED versus STATE


Criminal Code of Conduct (CR PC) Section 497 Panel Code (XLV of 1860), Sections 406, 409, 420, 468 and 471 Guarantees, Grant of the accused in jail for about 3 months, not required for further investigation; There is already a bail case of the accused, after inquiry, will be inquired

1987 PCr.LJ 1168(1)

[Lahore]

Before Kamal Mustafa Bokhari, J

MUHAMMAD SARWAR JAVED‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 602/B of 1983, decided on 28th March, 1983.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 406, 409, 420, 468 & 471‑‑ Bail, grant of‑‑Accused in jail for about 3 months, not required for further investigation‑ ‑Co‑accused similarly placed already on bail‑‑ Case of accused, held, was of further inquiry‑‑Bail granted in circumstances.

Talib H. Rizvi for Petitioner.

Masoodul Hassan Sabri for the State.

ORDER

Petitioner alongwith others is alleged to have committed offence under section 409/406/420/468/471, P.P.C. The specific allegation against the petitioner is that he was entrusted with carriage of wheat to Islamabad but the wheat was not delivered and was misappropriated on the way. His co‑accused similarly placed have been allowed bail according to the learned counsel for the petitioner. Petitioner in this case was arrested on 20‑12‑1982 and after necessary investigation was sent to the judicial lock up where he is lodged now. Learned counsel for the State submits that his person is no longer required for further investigation. The case against the petitioner appears to be of further inquiry covered by section 497(2), Cr.P.C. Therefore, I allow bail to the petitioner subject to his furnishing security in the sum of Rs.20,000 (Rupees twenty thousand) with two sureties each in the like amount to the satisfaction of the trial Court.

S.A./M‑62/L Bail granted.

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