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Petitioner: AMIR MUHAMMAD ALIAS PHAPA VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 1233
[Lahore]
Before Sh. Muhammad Zubair,
AMIR MUHAMMAD alias PHAPA and another---Petitioners
Versus
THE STATE---Respondent
Criminal Miscellaneous No:399/B of 1994, heard on 9th February, 1994.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), S.399/402---Bail, grant of---Accused were behind the bars for the last more than one year and three months and the trial had not yet started---Accused had become entitled to bail on statutory ground as they could not be kept behind the bars by way of punishment without there being any progress in the trial--Accused were admitted to bail accordingly.
Ejaz Anwar for Petitioners.
M. Nawaz Bhatti, A.A.-G. for the State.
Date of hearing: 9th February, 1994.
JUDGMENT
The petitioners who are involved in a case under section 399/402, P.P.C. arising out F.I.R. No.332/92, dated 18-10-1992, registered at Police Station Saddar Gujrat, seek to be admitted to bail.
2. Briefly the allegations against the petitioners as per F.I.R. are that they alongwith their co-accused while armed with deadly weapons were making preparation for committing dacoity and on spy information, they were apprehended by the police.
3. The learned counsel for the petitioners contends that the petitioners are entitled to the grant of bail on statutory ground as in spite of the direction of this Court vide order, dated 28-12-1993 passed in Criminal Miscellaneous No.4746/B of 1993, to complete the trial within six months, the learned Magistrate has so far not recorded the evidence of a single witness in this case. Even otherwise, the petitioners are behind the bars since 18-10-1992 and uptill A now the trial has not yet started. As the maximum sentence under section 399, P.P.C. is imprisonment for life hence the petitioners are entitled to the grant of bail on statutory ground.
4. The learned Law Officer was directed to obtain instructions vide order, dated 7-2-1994 whether the learned Magistrate who has taken charge on 6-1-1994, has recorded any evidence or not. He is not in a position to give any definite reply as neither the Police Officer who has brought the record is in a position to state whether any evidence was recorded nor the learned Magistrate has conveyed any information to the learned Law Officer in this regard.
5.I have heard the learned counsel for the parties and have perused the record.
6. I find that case for grant of bail on statutory ground of the petitioners is made out as the petitioners cannot be kept behind the bars by way of punishment without there being any progress in the trial, so the petitioners are admitted to bail provided they furnish bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.
N.H.Q./A-561/L Bail granted.