MUHAMMAD ASLAM Versus THE STATE

ORDER

Learned counsel for the petitioner submits that the first F.I.R. which was recorded on 21‑6‑1982 related to the occurrence which had taken place in 1978 and that the said F.I.R. was lodged after attempts were made to obtain the refund of the amounts alleged to be defrauded. It is contended that in respect of the said F.I.R., Muhammad Aslam, the present petitioner, was granted pre‑arrest bail by this Court in Criminal Miscellaneous 1706/B of 1982 on 8‑8‑1982. It is further submitted that on the same facts, the complainant party caused an application to A be filed before the F. I. A., which, after necessary investigation, resulted in the lodgment of F.I.R. No. 248/85 at Police Station F.I.A. Lahore on 14‑11‑1985. It is submitted that the names of almost the same persons are given therein who were alleged to have been cheated, as given in the earlier F.I.R., and that the subsequent F.I.R. amounts to lodgment of a second case against the petitioner and others on the same facts, thus resulting in double jeopardy.

2. Admit. Notice.

3. The Investigation Officer with Police file shall be summoned for the next date of hearing.

4. Meanwhile, Muhammad Aslam, petitioner, is admitted to interim pre‑arrest bail in the sum of Rupees Fifty Thousand (Rs.50,000) with one surety in the like amount to the satisfaction of the Assistant Commissioner, City, Lahore.

5. Copy dasti on payment of usual charges.

6. To come up on 27‑4‑1986 for confirmation, on which date the petitioner shall attend the Court.

Criminal Miscellaneous 1‑86

7. The production of certified copies of Annexures 'A', 'B', 'C' and 'D' are dispensed with. This application stands disposed of.

Criminal Miscellaneous No. 1078‑B of 1986

Arguments heard.

2. for reasons given in my order, dated 19‑4‑1986, the interim pre‑arrest bail granted to Muhammad Aslam, petitioner is hereby confirmed.

M.Y.H. Bail granted.