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Criminal Miscellaneous No. 27/B of 1986, decided on 27th January, 1986.
‑‑‑S. 497/498‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17‑‑West Pakistan Arms Ordinance (XX of 1965), Ss. 13 a 20‑‑Three witnesses exonerating accused‑‑Challan made under S.20 Offences Against Property [Enforcement of Hudood] Ordinance instead of S.13 thereof‑‑No evidence recorded for more than one year‑ Bail granted in circumstances.
Muhammad Akbar Cheema for Petitioner.
Muhammad Rafiq Siddiqui for the State.
Petitioner seeks bail in case F.I.R. No. 38, dated 14‑1‑1985 of Police Station Sadar, Gujrat, registered under section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, read with section 13 of the W.P. Arms Ordinance, 1965.
2. Criminal Miscellaneous No. 2278‑B of 1985, filed by the petitioner for grant of bail was dismissed on 14‑10‑1985. Detailed facts of the prosecution case have been mentioned in that order.
3. Learned counsel submits that some new developments have taken place, after the rejection of the previous bail application. Submits that P. Ws. Khalid Parvez, Salamat Ali and Muhammad Manzur, have denied to have any knowledge of the occurrence and have also denied to have reached the spot after the occurrence, in their statements under section 164, Cr.P.C. Further submits that although case was registered under section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, but the challan has been submitted under section 20 only. Contends that in spite of a period of one year having passed, no evidence has been recorded so far. Submits that Ashraf, cc‑accused, has been granted bail by the trial Court.
4. Keeping in view the facts that three of the P.Ws. have exonerated the petitioner and the challan has been submitted under section 20 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 A only and also taking into account the fact that a period of more than one year has passed but no evidence has been recorded so far, I feel inclined to grant bail to the petitioner. He shall be released on bail on his furnishing a bail bond in the sum of Rs.20,000, with two sureties each in the like amount, to the satisfaction of the trial Court.
S.A. Bail granted.
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