2020 PCrLJN 17

SADAQAT HUSSAIN Versus State

Citation2020 PCrLJN 17

CourtGilgit-Baltistan Chief Court

Judge(s)Malik Haq Nawaz

ORDER

MALIK HAQ NAWAZ, J.--- The petitioner has been booked for the offences under sections 365, 511, 506, 500 and 457, P.P.C. vide FIR No.61/2019 of Police Station Danyore.

2. The allegations contained in the FIR are that the petitioner tried to abduct the daughter of the complainant but due to timely intervention of neighbors, the petitioner could not succeed in his design.

3. Post-arrest bail of the petitioner was refused by the learned Sessions Judge and being aggrieved from the judgment/order passed by the learned trial Court, the petitioner has filed the instant petition for concession of bail.

4. The learned counsel for the petitioner submitted that the petitioner was not armed at the time of commission of offence and the penal provisions imposed in the FIR are not attracted in the given circumstances of the instant case. The learned counsel further submitted that non of the offences, the petitioner charged with, falls within the prohibitory clauses of section 497, Cr.P.C. The investigation of the case is complete and the further detention of the petitioner in jail will not serve any useful purpose. Lastly that grant of bail in such like offences, which do not fall within prohibitory clause of section 497, Cr.P.C. is rule and refusal is an exception. There is no such exception which may disentitle the petitioner for concession of bail. The learned counsel relied on 2011 PCr.LJ 431, 2009 PCr.LJ 389, 2007 YLR 256 and 2011 PCr.LJ 1015.

5. The learned Dy. Advocate General opposed the bail petition as usual.

6. The petitioner is charged in the FIR for commission of offence. Non of the offence, the petitioner is charged with falls within the prohibitory clause of section 497, Cr.P.C. The investigation of the case is complete and the petitioner is no more required for the purpose of investigation. His detention in jail will not serve any useful purpose and will also be a burden on Government exchequer. A case for grant of bail is made out in the light of the judgments reported in PLD 1995 SC 34 and 2000 PCr.LJ 814. The petitioner is admitted to bail subject to his furnishing of a bail bond in the sum of Rs.500000/- (five lac) with two sureties each in the like amount to the satisfaction of learned trial Court.

7. Bail allowed.

SA/116/GB Bail granted.