2006 PLP 2045 (YLR)

SH. HAKIM ALI, J.

On 21-6-2003, Muhammad Nasir son of Muhammad Bakhsh had reported an occurrence vide F.I.R. No.147 of 2003, registered with Police Station Saddar, Ahmadpur East under sections 302/148/149 of the P.P.C., regarding the murder of his brother Munir Hussain having taken place at about 3-00/4-00 a.m. It was asserted by him therein that the incident was witnessed by him in the light of torch when infliction of sticks blows, by nine persons upon the person of his brother Munir Hussain, deceased were being made. In that case, as the petitioner was nominated in the F.I.R., so he was arrested on 16-7-2003 and till today, as per learned counsel, no progress has been made in the trial of the case and not a single witness even has been produced by the prosecution and examined by the learned trial Court. It has also been argued by the learned counsel for the petitioner that the other accused of the case, who had got same accusation to their score, were granted bail by this Court on 30-1-2004 in Criminal Miscellaneous No.1180-B-2004/ BWP. Therefore, learned counsel submits that the petitioner may be dealt with the same treatment, with which the other co-accused with similar allegations were treated.

2. Learned counsel for the State replied that this is a case of murder wherein the petitioner has been attributed role of infliction of stick blows and he is a nominated accused and report under section 173 of the Cr.P.C. has already been submitted in the Court on 21-2-2004, therefore, petitioner does not deserve any bail.

3. After considering the arguments of both the learned counsel and from the perusal of the record, it has revealed that the petitioner who was arrested on 16-7-2003 was being kept in judicial lock up without any material progress in the case since then. It is an astonishing feature that after the expiry of two years and two months, the prosecution has not been able to bring evidence on the record against the petitioner. Not a single witness has been examined in the case. It has also been found that the role, with which the petitioner was accused, the other co-accused with the similar role were granted bail as noted above. Therefore, keeping in view the rule of consistency, the petitioner is also granted bail in the sum of Rs.1,00,000 (One lac rupees) with two sureties each in the like amount to the satisfaction of the learned trial Court. H.B.T./F-122/L??????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.