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Criminal Miscellaneous No. 257/B of 1985, decided on 11‑2‑1985.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 307/379/148/149‑‑Bail‑‑One of injured witnesses exonerating accused and trial not yet concluded‑ Keeping of accused behind bar indefinitely not fair‑‑Bail granted.

Shahid Hussain Kadri for Petitioners.

S.D. Qureshi for the State.

Date of hearing: 11th February, 1985.

This is second application for bail. The first one (Cr. Misc. No.3322/B of 1984) was dismissed by me on 22‑12‑1984 thereby observing that the petitioners could apply for bail after the statements of the injured witnesses were recorded.

It has been submitted by the learned counsel for the petitioners that statements of the said witnesses have not so far been recorded. One of the injured witnesses has already exonerated the petitioners.

Since one bf the injured witnesses has exonerated the petitioners and the trial has not yet concluded, it is not fair to keep the petitioners behind the bars indefinitely. They are, therefore, allowed bail in the sum of Rs.20,000 each, with one surety, each, in the like amount to the satisfaction of the Assistant Commissioner, Sheikhupura. They are, however, warned that in case there is any complaint from the other side about misuse of concession of the bail, they shall be sent back to jail.

M. Y. H. Bail granted.

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