MUHAMMAD ALI Versus THE STATE

ORDER

Muhammad Ali, Muhammad Ramzan and Abdus Sattar petitioners herein with three others, namely, Munir Ahmad, Talib and Mst. Balqees, formed unlawful assembly with common object to cause simple and grievous hurt to Muhammad Rafi, Ali Akbar, P.Ws. assaulted them with lethal weapons like Dandas on 25-6-1987 and caused them as many as 31 injuries including one grievous hurt found on the right leg of Ali Akbar, not specifically attributed to any accused. The petitioners as well as their co-accused were arrested and challaned. Talib and Munir Ahmad have since been allowed bail by the lower Court but the same relief had been declined to the petitioner, hence this application.

2. I have heard learned counsel for the petitioner as well as for the State assisted by learned counsel for the complainant and perused the record produced by A.S.I. Abdul Rashid.

3. The petitioners are admittedly in jail since 25-6-1987 and despite the challan having been put in Court, not a single witness has so far been examined. It is stated that the complainant has deliberately withheld the witnesses in order to prolong the detention of the petitioners in jail. Be that as it may, the petitioners A are in jail without trial for the last 8 months. In the circumstances I feel disposed to allow this petition and direct that the petitioners be released on bail subject to their furnishing bail bonds in the sum of Rs.30,000 each with one surety each in the like amount to the satisfaction of trial Court.

S.G.D./M-599/L

Bail allowed.