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Criminal Miscellaneous No. 1299‑B/BWP of 1985, decided on 15th October, 1985.

------S. 497‑‑Penal Code (XLV of 1860), S. 120‑B/302/307/324/109‑‑Bail, grant, of‑‑Allegation of conspiracy against accused Accused absconding‑‑Trial Court while trying co‑accused, absolved accused of conspiracy, or abetment‑‑ Accused, held, entitled to grant of bail in circumstances.

M. Sultan Wattoo for Petitioner.

Muhammad Akbar for the State.

Faiz Muhammad, petitioner, is accused of having conspired with Sultan Khan, etc. for doing away with Manzoor, deceased, in the month of August, 1983, because aforesaid Manzoor had injured his son Ahmad Ali. In pursuance of the said conspiracy Sultan and Khan with four others had murdered Manzoor on 5‑8‑1983 and a murder case was registered against them. Sultan, Khan, etc., were arrested and challaned whereas Faiz Muhammad, petitioner, absconded. That case is stated to have been decided by judgment, dated 20‑12‑1984 by Sessions Judge, Bahawalnagar wherein Khan has been sentenced to death while Sultan to life imprisonment under section 302/34, P.P.C. However, their co‑accused Shah Nawaz and Abdul Jabbar Were acquitted.

2. The petitioner was arrested on 24‑5‑1985 and challaned to Court while the appeal of his co‑accused who have since been convicted is pending in the High Court. It is stated that the only evidence against the petitioner is the statement of Muhammad Yousaf who has been disbelieved by the trial Court which, observed, "it is not believable that Faiz Ahmad abetted the accused to murder Manzoor Ahmad in the presence of Muhammad Yousaf". On the basis of this observation, it is urged that there do not exist reasonable grounds to believe that the petitioner is guilty of hatching a conspiracy abetment for committing the murder of Manzoor Ahmad and as such he is entitled to the grant of bait. Learned counsel appearing on behalf of the State has not controverted this assertion.

3. No doubt that the petitioner was declared as proclaimed offender in this case but since there is an observation by the trial Court absolving the petitioner of the charge of conspiracy, therefore, prima facie I find that the petitioner is entitled to the grant of bail. In the E circumstances, I allow this petition and direct that the petitioner be released on bail subject to his furnishing bail‑bonds in the sum of Rupees twenty‑five thousand (Rs.25,000 only) with two sureties each in like amount, to the satisfaction of trial Court.

S. A. ‑ Appeal accepted.

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