2007 PLP 1128 (YLR)

SYED SAKHI HUSSAIN BOKHARI, J.

The petitioner has applied for post-arrest bail in case F.I.R. No.193 of 2005 dated 23-4-2005 under sections 222, 223, 224 and 225, P.P.C. registered at Police Station Bhalwal, District Sargodha.

2. As per F.I.R. petitioner and his co-accused brought Mazhar Farooq son of Sultan (already convicted in case F.I.R. No.284 of 2001 dated 4-8-2001 under sections 302, 324, 337-F(iii), 337-L(ii) and 34 P.P.C. registered at Police Station Bhalwal District Sargodha) from Mianwali Jail for producing him before a Court at Bhalwal but he fled away from their custody, with the help of his father, Sultan. The petitioner was incharge of guard and he was on duty along with his co-accused, therefore, case was registered against them and petitioner was accordingly arrested in this case on 24-4-2005. Hence this bail application.

3. I have heard the arguments and perused the record.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Further submits that petitioner was arrested in this case on 24-4-2005 and learned trial Court convicted him vide judgment dated 12-6-2006 but appeals brought by petitioner and his co-accused were accepted vide order dated 1-7-2006 passed by learned Additional Sessions Judge, Bhalwal and case was remanded to learned trial Court for decision afresh after summoning Munawar Khan and framing of fresh charge. He contended that after remand of case Muhammad Riaz co-accused was allowed bail by this Court vide order dated 18-10-2006 and the case of petitioner is identical with the case of said co-accused (Muhammad Riaz), therefore, he too deserves concession of bail. He has argued that learned trial Court has summoned Munawar Khan, co-accused, mentioned above but he has not appeared before trial Court and there is no likelihood of decision of the case in near future. He has further argued that petitioner is in judicial lock-up since 24-4-2005 and is a Government servant and that there is no chance of absconding of petitioner. Learned counsel for the State has not opposed this application as his co-accused, Muhammad Riaz had already been allowed bail by this Court and the case of petitioner is identical with the case of Muhammad Riaz.

5. I have considered the submissions made by learned counsel for the petitioner with care. As mentioned above the allegation against the petitioner is that he along with his co-accused brought Mazhar Farooq son of Sultan from Mianwali Jail for producing him before a Court at Bhalwal but he fled away from their custody, with the help of his father, Sultan. The petitioner was convicted and sentenced by trial Court on 12-6-2006. He along with his co-accused filed appeals which were accepted and case was remanded for decision afresh vide judgment dated 1-7-2006 passed by learned Additional Sessions Judge, Bhalwal and case is still pending before trial Court. Learned counsel for the petitioner has placed on record copy of order dated 18-10-2006 passed by this Court according to which Muhammad Riaz, co-accused was allowed bail. The case of the petitioner is identical with the case of said co-accused (Muhammad Riaz). As such he too deserves concession of bail. He is in judicial lock-up since 24-4-2005 but according to learned counsel for the petitioner Munawar Khan, co-accused has not appeared before learned trial Court so far. In these circumstances without going into merits of the case, I find it a fit case for grant of bail to the petitioner. As mentioned earlier learned counsel for State has also not opposed this application. As such application brought by petitioner is accepted and he is allowed bail subject to furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac) with two sureties each in the like amount to the satisfaction of learned trial Court. However if petitioner fails to appear before learned trial Court on any date of hearing the trial Court would be competent to cancel his bail. The observations made in this order would not prejudice case of either party during trial. H.B.T./A-27/L Bail granted.