IN THE COURT OF (NAME OF THE JUDGE),
ADDL. SESSIONS JUDGE, XYZ.
Mehmood Ullah etc. VS The
State
PRE-ARREST BAIL PETITION
No.586-400
ORDER
29-00-0000
Present. Petitioners with their counsel
Learned
DDPP for the state
Counsel for complainant.
Record produced.
The
accused/petitioners namely Mehmood Ullah and S. Ikram have sought confirmation
of their pre-arrest bail in case FIR No.1004/00 dated 00-00-0000 u/s 406 PPC
registered with PS above referred on the allegations that both
accused along with their co-accused committed breach of trust and caused
financial damaged to the complainant.
4. Arguments
have been heard and perused the record.
5. As
per contents of FIR, there is delay of about 4 months in registration of case.
The alleged transaction was made by the complainant with Mehmood Ullah who is
brother and husband of both the petitioners respectively but the main
transaction was made between the complainant and Mehmood Ullah, who assured the
complainant that the petitioners would be responsible in his place if on consignment
is not paid to him. There is only oral assertion having no documentary proof at
present which requires evidence during the course of trial. The nature of
offence of allegation also appears that of civil liability. The consignment of
towel has been sent by the complainant to Mehmood Ullah which has been received
by him at Malaysia
The role of accused/petitioners appears that of surety but it requires
evidence. They are not required by the police for recovery purpose, therefore,
by sending them in Jail would not serve any useful purpose.
6. In
view of above, the instant application stands accepted and the ad-interim bail
already granted to the petitioners namely Mehmood Ullah and S Ikram is
confirmed subject to furnishing fresh bail bonds in the sum of Rs.50,000/- each
with one surety each in the like amount to the satisfaction of learned trial
court within seven days. File be consigned to record room.
Announced
29-00-0000
Addl. Sessions Judge,
XYZ.
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