1989 P Cr (PLP)

Jaffar and others v. The State 1980 S C M R 784; Muhammad Zikariya alias Pappu v. The State 1969 P Cr. L J 356; Muhammad Bibi v. Ghulam Muhammad etc. P L D 1978 Lah. 483; Allah Bakhsh and 5 others v. The State 1982 P Cr. L J 867; Manzoor Hussain and another v. The State 1986 P Cr. L J 240; Aziz‑ur‑Rehman v. The State 1986 P Cr. L J 2716 and Muhammad Aslam and another v. The State 1986 P Cr. L J 2810 ref. ' Ch. Muhammad Hussain Chhachhar for Petitioner. Rana Muhammad Arshad Khan, A.A.‑G. for the State. Date of hearing: 29th October, 1988. The petitioner, Muhammad Rafique has moved this petition for bail after arrest under section 497/498, Cr.P.C. in a case registered against him under section 302/148/149, P.P.C. at Police Station Basirpur, District Okara, vide F.I.R. No. 4/88, dated 10‑1‑1988.

2. The allegation against the petitioner and six others is that they inflicted sticks, fists, and legs injuries on the person of one Suleman who as a result of the injuries died on 10‑1‑1988 at Ishawela within the area of village Aroora Jahan Khan, District Okara. The contention of the learned counsel is that the allegation against the petitioner and others is general in nature and that no specific injury has been attributed to the petitioner. It is further urged that co‑accused, Anwar, Sajwara, Abbas, Zaffar and Musa have been found to be innocent by the Investigating Officer under the similar facts and circumstances of the case. The learned counsel forcefully submitted that despite the expiry of ten months the prosecution has not been able to submit challan in the case. The learned counsel in support of his contentions has placed heavy reliance on Jaffar and others v. The State 1980 S C M R 784: Muhammad Zikariya alias. Pappu v. The State 1969 P Cr. L J 356, Muhammad Bibi v. Ghulam Muhammad etc. P L D 1978 Lah. 483, Allah Bakhsh and 5 others v. The State 1982 P Cr. L J 867, Manzoor Hussain and another v. The State 1986 P Cr. L J 240, Aziz‑ur‑Rehman v. The State 1986 P Cr. L J 2716 and Muhammad Aslam and another v. The State 1986 P Cr. L J 2810. The learned State counsel was not able to oppose the grant of bail to the petitioner.

3. I have heard the learned counsel for the parties and have perused the record. It appears that the Investigating Officer has not completed the investigation in the case although the occurrence took place as far back as 10‑1. 1988. The allegation against the petitioner and others is general in nature. It is also not mentioned in the F.I.R. as to with what weapon the petitioner was armed at the time of the commission of the offence. In my view, this is a case of further enquiry inasmuch as the challan has not been submitted so far by the Investigating Officer. Under the peculiar circumstances of the case, the petitioner is admitted to bail in the sum of Rs,1,00,000 (Rupees one lac) with two sureties each in the like amount to the satisfaction of the A.C. Okara. The Investigating Officer is directed to complete the investigation of the case within seven days time and shall submit the same before the competent Court of law. On the receipt of the challan, the learned trial Court shall conclude the trial of the accused within six months time without fail. M.Y.H./M‑1512/L Bail granted.