2008 PLP 7 (MLD)

KHAWAJA MUHAMMAD SHARIF, J.-Learned counsel submits that petitioner has been falsely implicated, that all the four accused, namely, Mohsin, Zeeshan Butt, Bilal Butt sons of Abdul Waheed Butt, who is accused of abetment and Ijaz @ Jajoo fired at the deceased, resulting in the death of Amin father of the complainant and also injuring one Muhammad Sarwar. He submits that Mohsin son of Ibrahim and Zeeshan Butt, who are attributed similar roles, have been declared innocent by the police and they are on bail, that petitioner is behind the bars for the last one year and four months but the trial has not started and there is no fault of the petitioner in this regard. Adds that crime empties recovered from the spot did not match with the pistol, which was recovered on the pointation of the petitioner and report in this regard is negative one. Also adds that Ibrahim accused whose application was dismissed by this Court, has been allowed bail by the apex Court. Concludes that case of the petitioner is one of further inquiry falling under sub-clause of section 497, Cr.P.C.

2. Learned D.P.G. assisted" by learned counsel for the complainant submits that petitioner is named in the FIR., that he along his co-accused fired at the deceased, that prosecution is ready to produce the evidence, that as far as negative report of fire-arm expert is concerned, complainant has submitted an application to the Higher Police Officer against Nasrullah S.-I/I.O. that he himself changed the empties so a case was registered against said Nasrullah S.-I., who now has been suspended, and that offence fails within the ambit of section 497(1), Cr.P.C.

3. Heard. I have granted bail to Abdul Waheed Butt, who was accused of abetment. I had dismissed bail petition of Ibrahim accused,, who was attributed motive and also the role of raising "Lalkara" and against the said order he applied for bail before the apex Court and he was granted bail by the apex Court on 8-8-2007. As far as, petitioner is concerned, he along with his co-accused while armed with fire-arm caused an injury on the person of the deceased, he has not even been declared innocent by the police, his case is totally different to Mohsin and Zeeshan Butt, who are on bail and have been declared innocent. As far as, contention of learned counsel that he is behind the bars for the last one year and four months but the trial has not concluded is concerned, no bail can be granted on the ground of delay because this ground has been deleted from Statute Book. It may be mentioned here that while issuing notice to State in this bail petition I had requisitioned the report from learned trial Court, who is holding the trial and I would like to reproduce paragraph No.2 of his report as under: "It is submitted with reverence that the above captioned case was entrusted to this Court on 4-10-2006 and charge was framed by my learned predecessor on 6-2-2007. After framing of charge almost ten adjournments were granted out of which on four dates of hearing the Presiding Officer was not available as the undersigned has not` assumed the charge whereas on remaining four dates of hearing, on two occasions learned counsel for accused Bilal Waheed Butt was not present. However the P.Ws. were present on all the dates of hearing after framing of charge."

4. Today, learned counsel for the petitioner has submitted certified copies of interim orders passed by the learned trial Court. As far as to the satisfaction of this Court about the report is concerned, I am unable to find out the said two dates of hearing when the P. Ws. were present but learned counsel for present petitioner was not. present. The said learned trial Judge is directed to be careful in future while submitting his report before this Court. As the offence alleged against the petitioner falls within the ambit of section 497(1), Cr.P.C., therefore, this petition is dismissed. `However, as the learned trial Judge in the last line of his report has assured this Court that he will conclude the trial within six months so let him conclude the same within the said period. N.H.Q./B-38/L Bail refused.