2011 PLP 2276 (YLR)
ABDUL JALIL — Petitioner Versus THE STATE and another — Respondents
| Citation | 2011 PLP 2276 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Qasim Khan, J |
| Parties | ABDUL JALIL — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 PLP 2276 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP 2276 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Qasim Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 2276 (YLR) (ABDUL JALIL — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Shehzad Aslam for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.255, 258, .259, 260, 467, 468, 471, 472, 473, 474, 475 & 109
Counterfeiting and recovery of government stamps
Accused was not nominated in the F.LR. and he was involved in the case on the statement of his co-accused, evidentiary value of which would be seen during trial
Nothing had been recovered from the person of accused, and alleged recovery of forged stamps, were found lying in the files kept in the window in the office of accused
Such piece of evidence required further inquiry about the guilt of accused
Alleged recovered stamps had been sent to the concerned department for verification, whether those were forged or not and so far there was no report to that effect
No allegation was there to the effect that accused had prepared those forged stamps
Accused was behind the bars, but there was no substantial progress in the trial
Accused was admitted to bail, in circumstances. Fazal Ellahi and another v. The State 2004 SCMR 235 ref. Abdul Wadood, Deputy Prosecutor-General.
Judgment & Decree
MUHAMMAD QASIM, J.
Petitioner seeks post-arrest bail in case F.I.R. No.56 dated 11-6-2010 under sections 255, 258, 259, 260, 467, 468, 471, 472, 473, 474, 475 and 109, P.P.C. read with section 30 NADRA Ordinance, 2002 registered with Police Station FIA, Multan.
2. It is argued by learned counsel for the petitioner that he has been falsely involved in this case on the statement of co-accused, otherwise, there is no evidence against him to connect with the commission of the offence. Further argued that nothing was recovered from the personal search of the petitioner. Lastly, it is argued that petitioner is behind the bars without any progress in the trial.
3. On the other hand, learned Deputy Prosecutor-General has opposed the bail application.
4. Heard. Record perused.
5. The petitioner is not nominated in the F.I.R. and has been involved in this case on the statement of his co-accused, the evidentiary value of which shall be seen during trial. Nothing has been recovered from the person of the petitioner and alleged recovery of forged stamps, were found lying in the files kept in the window in the office of the petitioner. This piece of evidence required further inquiry about the guilt of the petitioner. Furthermore, the alleged recovered stamps have been sent to the concerned department for verification whether these are forged or not and so far there is no report to this effect. Even otherwise, there is no allegation that petitioner had prepared those forged stamps. The petitioner is behind the bars but there is no substantial progress in the trial. In such like offence the Hon'ble Supreme Court of Pakistan in the case "Fazal Ellahi and another v. The State" (2004 SCMR 235), allowed bail to the accused, considering that accused were in custody, investigation had been completed and further detention was held to be of no use to the prosecution. Respectfully following the above dictum of the apex Court, this petition is allowed and as a necessary consequence the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of learned Special Judge Central/Sessions Judge, Multan. H.B.T./A-214/L?????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.