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Criminal Miscellaneous No.2297/B of 1986, decided on 5th October, 1986.

‑‑‑S.497‑‑Penal Code (XLV of 1860), Ss.307, 380, 411 & 458‑‑Bail, grant of‑‑Accused not required for further investigation‑ ‑Co‑accused already on bail‑‑Accused remaining in jail for about four months‑‑Trial not yet started‑‑Case of accused, held, was not covered by prohibitory clause of S.497, Cr.P.C.‑‑Bail allowed in circumstances.

Waheed‑ud‑Virk for Petitioner.

Muhammad Zubair A.A.‑G. for the State.

One Ashiq was apprehended on the spot during the commission of offence of house‑breaking at night on 11‑6‑1986. Muhammad Yousuf, petitioner, who is Head Constable in Police Department allegedly appeared on the scene and asked the people gathered there to hand over Ashiq to him, whom he shall take to the police station. At this Ashiq declared that the petitioner is their associate and his co‑accused who have escaped had taken refuge in the house of the petitioner. The petitioner was, therefore, apprehended on the spot and produced before the police. The charge against the petitioner is that, he being policeman whose duty is to arrest the offenders had instead abetted the petitioner in the commission of the aforesaid offence. His bail plea was declined by the lower Court, therefore, he moved Criminal Miscellaneous No.2129/B of 1986, in this Court which was dismissed in limine by my learned brother Rustam S. Sidhwa, J., on 29‑7‑1986. The petitioner repeated the instant petition before his Lordship which has now been sent to me for the reason that I happened to have decided bail application of Ayub, a co‑accused of the petitioner on 29‑7‑1986.

2. I have heard learned counsel for the petitioner and the learned A . A . ‑G . at some length. The case of the petitioner at the most is covered by sections 225‑A and 116, P.P.C. Both the offences are not punishable with less than 10 years' R.I. The petitioner is in jail for the last about 4 months without trial. I am told that challan against the petitioner has been recently put in Court. The petitioner is not required for any further investigation.

3. The petitioner's case is not covered by prohibitory clause of section 497, Cr.P.C. I have already enlarged his co‑accused on bail. He is in jail for about 4 months but his trial has not yet started. I the circumstances, I allow bail to the petitioner. He be released subject to his furnishing bail‑bond in the sum of Rs.20,000 with two sureties each in the like amount to the satisfaction of A . C . /Duty Magistrate, Sheikhupura.

S.A. Bail allowed.

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