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Criminal Miscellaneous No.403/B of 1987, decided on 15th February, 1987.

‑‑‑S.497‑‑Penal Code (XLV of 1860), Ss. 148, 302 & 307/149‑‑Bail, grant of‑‑Ground of statutory delay‑‑Occurrence taking place on 28‑8‑1985‑‑Accused arrested on 7‑9‑1985‑‑Challan not yet submitted in Court‑‑Offence imputed to accused falling under Ss. 148 & 307/149, P.P.C.‑‑Accused, held, entitled to be released on bail‑‑Bail granted in circumstances.

Syed Farooq Hassan Naqvi for Petitioner

Bashir Ahmad for the State.

This is a petition under section 497, Cr. P. C. by Ilyas son of Ali Ahmad, petitioner, for bail in respect of a case instituted against him and others under section 302/307/148/149, P.P.C. at Police Station Jaranwala on 29‑8‑1985.

2. The prosecution case is divided into two parts; the first part of the occurrence taking place on 28‑8‑1985 at 5‑00 p.m. and the second part of the occurrence taking place the same day at 6‑00 p. m. Ilyas son of All Ahmad, petitioner, is only alleged to have taken part in the first part of the occurrence. According to the prosecution story, Ilyas son of Ali Ahmad, petitioner, and Muhammad Anwar, co‑accused, both armed with daggers, Niamat and Sher Muhammad, co‑accused both armed with hatchets, Sarwar, co‑accused, armed with a Dater, Afzal co -accused, armed with a carbine, and Anwar son of Farzand Ali, co‑accused, armed with a gun, assaulted the complainant party. According to the F.I.R., Ilyas son of Ali Ahmad, petitioner, and Muhammad Anwar co‑accused, inflicted injuries with their respective weapons on Ghulam Sabir P . W. , hitting him on his neck and on one of his hands, after Sarwar Khan, co‑accused, had held the said witness in, his Japha. Niamat, co‑accused, is alleged to have injured Nazir Ahmad P. W. by using his hatchet from the wrong side. Sher Muhammad, co‑accused, is alleged to have injured Nazir Ahmad P. W. by using his hatchet from the wrong side. Afzal, co‑accused, is attributed to have fired ineffectively with his carbine. This part of the occurrence was witnessed by Abdul Ghafoor and Ijaz P. Ws. besides the injured witnesses. I need not discuss the second part of the occurrence which took place immediately later, as the petitioner is not involved in that part.

The motive for the occurrence was political rivalry between both the parties, as the complainant‑party supported one Ghulam Dastgir Bari in the election to the National Assembly seat, whereas the accused party supported Muhammad Azhar Khan. They were on strained relations and due to this grievance, the accused party launched this assault.

3. Surprisingly the challan has not been filed in Court uptil now. The Police Officer, who is present in Court, submits that the challan is still lying with the prosecution branch.

4. I have heard the arguments of the learned counsel for the petitioner and the State and have also perused the police file. The bail is being pressed on statutory grounds. The offences imputed to the petitioner and his co‑accused with regard to the first part of the occurrence fall under section 307/148/149, P. P. C. and since the petitioner was arrested on 7‑9‑1985 and the trial has as yet not begun, the petitioner is now entitled to be released on bail.

5. For the foregoing reasons, this petition is accepted and Ilyas son of Ali Ahmad, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees thirty thousand (Rs.30, 000) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Jaranwala.

6. A copy of this order shall be sent to the Inspector General of Police, Punjab, Lahore, so that he may be apprised of the fact that due to the non‑submission of the challan for seventeen months, this Court has been constrained to release persons on bail on statutory grounds, which otherwise it may not have done.

S. A. /I‑4/L Bail granted.

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