MUHAMMAD AFZIL Versus THE STATE

ORDER

The petitioner, Muhammad Fazil, has moved this petition for bail after arrest under section 497, Cr.P.C. in a case registered against him under section 17/14 of Offences Against Property (Enforcement of Hudood) Ordinance VI of 1979 and section 457 PPC at Police Station Shahdara Town, Lahore vide FIR No. 6/85.

2. Learned counsel argued that the FIR was lodged with police after the delay of 8 days and that no plausible explanation was given for this inordinate delay. It is next argued that name of the petitioner is not mentioned in the FIR and further no description of the accused was given in the FIR despite the fact that the petitioner lived in the same locality where the complainant resided. It is next argued that no identification parade was conducted in order to meet the requirement of law. Learned counsel stated that maximum sentence of the offence is seven years and as such the case will not fall within the prohibitory clause. The learned State counsel has opposed the grant of bail to the petitioner but he has not been able to give any ground thereof. I am of the view that this is a. case of further enquiry inasmuch as the case pertains to the year 1985. Accordingly, the petitioner is admitted to bail in the sum of Rs. 75,000 (Rupees seventy‑five thousand) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Lahore.

M.Y.H./M‑537/L

Bail granted.