1993 P Cr (PLP)

The petitioner stands named as one of the four accused alleged to have committed the murder of Alauddin on 26-10-1987. Muhammad Abdullah, who had motive to commit the murder, had allegedly fired ineffective shot while Muhammad Ashfaq alias Mansha, also named as accused, has given the fatal blow with Khaniar. The petitioner and his brother Ahmad Subhan were alleged to have inflicted one Khaniar blow each on the left thigh. Both the injuries were declared simple and were not opined to have contributed to death.

2. Abdullah, Ashfaq and Subhan were arrested. Abdullah was allowed post-arrest bail by the Sessions Court. The case was, thereafter, transferred to the Court of Judge, Special Court for Speedy Trials. During the pendency of the trial before the Special Court, Subhan accused was allowed bail by a Bench of this Court consisting of myself and Mr. Justice Riaz Ahmad vide order passed on 23-9-1989. By virtue of a judgment of the Supreme Court, the case was sent back for trial to the Sessions Court. Thereafter, Muhammad Ashfaq was allowed bail by the Sessions Court on statutory period having passed. The petitioner, after arrest, submitted an application before this Court for grant of bail. The same was dismissed vide order passed on 21-1-1991. The main factor which weighed for dismissal of the petition was that the petitioner had remained absconder for three years and three months and was arrested only five months earlier. Thereafter, the petitioner moved another petition (Criminal Miscellaneous No.4367/B of 1991). The application was disposed of with a direction to the trial Judge to conclude the trial before 15-1-1992. However, the trial could not be concluded. The petitioner has approached this Court afresh for release on bail.

3. Report was called for, from the trial Judge about the progress of the trial. He was also directed to submit explanation for not having complied with the direction to conclude the trial within forty-five days. Mr. Khalid Mian, Additional Sessions Judge, who was seized of the case, had been transferred to Bahawalpur. On being directed he submitted report, which presumably was written on 4-5-1992. In that, he expressed his inability to submit explanation as record was not with him. He has reported that he was leaving charge on that day, i.e. 4-5-1992, as he was proceeding on fifteen days ex-Pakistan leave. It is also reported by him that he had applied for grant of long leave for ninety days w.e.f. 20th instant.

4. According to the learned counsel for the petitioner, the trial is still hanging on. He has stated that Sher Zaheer Ahmad, Additional Sessions Judge, who was seized of the trial, has sent the file to the Sessions Judge for withdrawal of the case from his Court and the matter stands fixed before the Sessions Judge on 15-5-1992.

5. Statements of some prosecution witnesses still remain to be recorded. As noted in the earlier part, the only injury ascribed to the petitioner was declared simple and the same had not contributed to death. Ahmad Subhan, his co-accused, against whom similar allegation was levelled, is on bail since long. Muhammad Ashfaq, who had caused the fatal blow, is reported to have been murdered after being released on bail. No doubt, the petitioner had absconded for more than three years, but now he is in jail since more than twenty months and the trial has not concluded in spite of direction by this Court, and is likely to be delayed further. This petition is, therefore, allowed. The petitioner shall be released on bail on furnishing bail bonds in the sum of Rs.25,000 with two sureties each in the like amount to the satisfaction of A.C. Cantt. Lahore.

6. The office shall obtain report required to be submitted by Mr. Khalid Mian, Additional Sessions Judge, and place the matter before this Court. The Lahore, may also be asked to submit a report about the cause Sessions Judge, of delay after the direction by this Court, after going through the file.

7. To come up on 31-5-1992. N.H.O./M-615/L Bail granted.