2017 PLP 223 (YLRN)

SHAHID HAMEED DAR, J.

Muhammad Shahbaz and Muhammad Fayyaz (petitioners) were, in fact, acquitted of the charge by the learned trial court (Addl:Sessions Judge, Samundari (Faisalabad)) vide judgment dated 18.06.2007, on conclusion of their trial in case FIR No.366/2005, dated 16.10.2005, under sections 302, 34, P.P.C., Police Station Tarkhani, Faisalabad. Their co-accused Israr Ahmad was awarded the death sentence, which was commuted to imprisonment for life by this court on 08.04.2015. Another co-accused of the petitioners, namely Muhammad Boota, who had been awarded imprisonment for life through the same judgment was, however, acquitted of the charge by this court on 08.04.2015.

2. The complainant, Muhammad Zahid filed Crl. Appeal No.1176 of 2007 against acquittal of the petitioners as well as that of two others Riaz and Sajjad, which was decided on 08.04.2015 by this court in terms of its dismissal to the extent of Sajjad, the only respondent who attended proceed-ings thereof. Rest of the respondents, including the petitioners and acquitted co-accused Riaz could not appear in the said appeal, which led to issuance of perpetual warrant of arrest against them by this court on 25.07.2014. The petitioners after having been arrested, in execution of perpetual warrants of arrest, on 09.09.2015 are presently confined in District Jail, Faisal-abad since then. Their co-respondent Riaz, however, still absconded. About the imprisonment of the petitioners a report has been submitted by the Superintendent District Jail, Faisalabad on 03.06.2016, which verified the fact that the petitioners were confined in the said jail since the day mentioned.

3. After hearing the learned counsel for the parties and perusing the record, it is observed that the prosecution failed to prove its case against the petitioners at trial, due to which they were acquitted of the charge by the learned trial court. Their only fault is that they did not show-up in Crl. Appeal No.1176 of 2007, which had been filed by the complainant against their acquittal, as recorded by the learned trial court. Their co-accused/co-respondent Sajjad, who timely attended proceedings of the said appeal remained unharmed, as the mentioned appeal was dismissed against him by this court on 08.04.2015. The, petitioners' role is at par with that of their acquitted co-respondent, Sajjad, as argued by the petitioners' learned counsel and nodded in affirmative by the learned Deputy Prosecutor General Punjab. Who knows that outcome of the complainant's mentioned appeal against acquittal of the petitioners may also meet the same end, as it happened previously. Being in jail since 09.09.2015, the petitioners' continued incarceration may mean little to the prosecution case, which fact is also not opposed by the learned law officer. The judicial record of the petitioners' trial presently lies with the honourable Supreme Court of Pakistan in relation to Jail Petition for Leave to Appeal No. 228 of 2015. The record of Crl. Appeal No.1176 of 2007, partly decided on 08.04.2015 is, however, available with the Office, regarding which an order has already been made by this court on 06.02.2017 that it be relisted on 06.03.2017. It cannot be understood at this stage that Crl. Appeal No.1176 of 2007, for the reasons mentioned hereinbefore, can be decided in near future.

4. Therefore; this application is accepted and petitioners are admitted to bail subject to furnishing bail bonds in the sum of rupees one million each with two sureties each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this court. WA/M-60/L Bail granted.