GHULAM QASIM ALIAS MUHAMMAD QASIM Versus THE STATE

ORDER

This is an application for the grant of bail to Ghulam Qasim and Ashiq Hussain petitioners, in a case under sections 420, 468 and 471, P.P.C. registered at Police Station Ahmadpur East vide F.I.R. No.236/90.

2. Learned counsel for the petitioners submits that offences under section 471/468 are not cognizable offences and section 420, P.P.C. is bailable and as such there is no justification for the learned Sessions Judge to reject the bail application of the petitioners. The learned counsel for the State assisted by the learned counsel for the complainant has opposed this application on the ground that the petitioners have deceived the Court and their conduct was highly objectionable.

3. I have considered the matter carefully. Be that as it may that the petitioners stand arrested under three sections of P.P.C. normally under sections 471, 468/420, P.P.C. As for sections 468/471, P.P.C. they are not cognizable offences. The police have not obtained any warrants or permission from the Magistrate to register or investigate the case under these sections. Offence under section 420 is bailable. In this view of the matter I feel that there is no alternative but to accept this bail application.

4. For what has been said above, I allow bail to the petitioners in the sum of Rs.20,000 with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Ahmadpur East.

N.H.Q./G-1/L Bail allowed.