MUHAMMAD ASHFAQ Versus State

ORDER

Muhammad Ashfaq petitioner seeks post-arrest bail in case F.I.R. No.386 of 1992, dated 14-7-1992 registered under sections 420/467/468/471, P.P.C. At Police Station North Cantt., Lahore.

2. The petitioner who was on pre-arrest bail in the said case did not appear before the trial Court on 13-12-2001 when his bail was cancelled. After about two years petitioner was again arrested. His application forthe grant of post-arrest bail was dismissed by Special Judge, Anti-Corruption, Lahore vide order dated 12-1-2004. Hence this petition.

3. Heard. File perused.

4. Admittedly, petitioner was granted pre-arrest bail in the abovesaid case when he disappeared and his bail was cancelled by the trial Court. Statedly, petitioner was abducted by some Pathans and was taken to the uncontrolled area in N.-W.F.P. From where it was not possible for him to come back. Petitioner after procuring his release from the said Pathans when came back to the territorial jurisdiction of this Court he was arrested by the police. Learned counsel for the petitioner in support of his arguments also produced two copies of the application moved by father of the petitioner seeking help of the police about the recovery of his son.

5. The explanation for the non-appearance of the petitioner before the trial Court as given by the learned counsel seems to be genuine and reasonable and in the circumstances, I am persuaded to entertain this petition. Accordingly, without dilating upon the factual aspect of the case, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.2,00,000 (rupees two lacs) with two sureties in the like amount to the satisfaction of the trial Court, however, it is made clear that in future if the petitioner absents himself, trial Court would be at liberty to cancel the bail and to proceed against the sureties.

H.B.T./M-620/L Bail granted.