1975 PLP 129 (SCMR)

MUHAMMAD AFZAL CHEEMA, J.‑This appeal by special leave arose out of the order of a learned Single Judge of the Lahore High Court, dated 9‑8‑1971, by which bail was refused to the appellants in a case of murder. Leave was granted by this Court to consider the question whether in the facts and circumstances of the case, the learned Single Judge had correctly followed the principles as enunciated by this Court from time to time in declining bail to the appellants.

2. The circumstances of the case are rather peculiar. On the morn ing of 1‑1‑1971, a right took place in village Khair Snah hither, Police Station, Minchinabad, District Bahawalnagar between two parties over possession of land. Both sides lost one man each ; Yasin was killed on the side of the appellants while Jan Muhammad on the other side. Two cross cases were registered. In the course of investigation, the Police exonerated the entire set of accused mentioned in the F. I. R. lodged by Rashid complainant except Manzoor who is not an appellant before us and instead substituted the five appellants who were sent up to face inquiry. Being dissatisfied with the result of investigation, Rashid filed a private complaint against the accused mentioned by him in the F. I. R. with the result that two different sets of accused one comprising the appellants and the other mentioned by the complainant were simultaneously proceeded against during inquiry in respect of the same charges. There is, however, a third set of accused who were also sent up by the police in the cross case arising out of the same transaction. Thus the position as it finally stands is that three sets of accused persons have been com mitted to stand trial in respect of the same occurrence, two in the alternative including the appellants and one in the cross case. While grant ing leave to appeal this Court allowed interim bail to the appellants vide its order, dated 12‑10‑1971. Since then they have remained on bail and there is nothing to indicate that they have abused this concessional liberty. In the peculiar circumstances of the case, therefore, despite the fact the appellants have already been committed to stand trial, we see objection to the confirmation of the interim bail already allowed to the particularly when the trial has already been fixed for the 25th of January 1975 as stated by the learned counsel.

3. Accordingly, we allow the appeal and Confirm the interim bail already granted to the appellants subject to the trial Court's right to cancel it for good reasons. It is further directed that the trial may be expeditiously concluded. Appeal accepted.