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MANZOOR MUHAMMAD versus STATE


Criminal Code of Conduct (CCPC) Section 497 Bail, Grant of three persons for inciting accused of receiving money from different persons on charges of being sent abroad Full approval for the suspects is generally intended to keep the suspects behind bars for long periods of time. Unless indefinitely, justice will not be in the interest of guarantees given the circumstances

1987 P Cr. LJ 1281

[Lahore]

Before Ghulam Mujaddid Mirza, CJ

MANZOOR MUHAMMAD‑ ‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 2870/B of 1986, decided on 5th November, 1986.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S. 497‑‑Bail, grant of‑‑Three persons allegedly on instigation of accused receiving money from different persons for sending them abroad ‑Such other persons not arrested‑ ‑Challan complete‑‑Sanction to prosecute awaited‑‑Sanction usually taking long time‑‑Keeping accused behind bars for indefinite period, held, would not be in the interest of justice‑‑Bail granted in circumstances.

Khaqan Babar for Petitioner.

Farooq Bedar, Addl. A.‑G. for the State.

Date of hearing: 5th November, 1986.

JUDGMENT

The allegation against the petitioner is that on his instigation three other persons' namely, Abbas Ali, Ahmad Ali and Ghulam Hussain took a sum of Rs.1,72,000 from different persons on the pretext of sending them abroad. Those three persons have not been arrested so far.

2. Hassan Naqvi Inspector F.I.A. is present with record. According to his information they have gone to Saudi Arabia. Efforts are being made to repatriate them to Pakistan. Petitioner remained on bail for 3‑1/2 months. His bail was not confirmed on the ground that he may not abscond.

3. Learned counsel submitted that if the petitioner wanted to run away, he could do so when he was on bail.

4. It is contended that the reason given by the learned Judge for not confirming the bail is not in accordance with law.

5. Inspector submitted that the challan has been completed. Only sanction is awaited. He further submitted that usually it takes very long time to get sanction from the Interior Ministry and in the present case it is not known when the sanction is likely to be given.

6. I do not think it is in the interest of justice to keep the petitioner behind the bars for indefinite period. He is admitted to bail in the sum of Rs.2,00,000 (Rupees two lac) with one surety in the like amount to the satisfaction of Special Judge (Central), Lahore.

S.A. /M‑101/L Bail granted.

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