REHMAT ALI Versus THE STATE

ORDER

This is a petition for bail on behalf of Rehmat Ali petitioner, who is an accused in a case under sections 148, 302, 307, 320, 452 and 149 of the P.P.C. The case pertains to Rahimyar Khan district and it has been placed before me by the order of the learned Acting Chief Justice.

2. In the occurrence which took place on 30‑11‑1985 three persons, namely, Muhammad Aslam complainant, his father Siraj Din and his brother Hakam Ali suffered injuries at the hands of the petitioner and his co‑accused, as a result of which Hakam All subsequently died. The part attributed to the petitioner was that he fired at Hakam Ali hitting his left.

3. The petitioner moved an application for bail in the Sessions Court Rahimyar Khan, which was dismissed by the learned Additional Sessions Judge vide order dated 24‑1‑1985, on the ground that the case had been adjourned for several dates at "the‑ instance of the petitioners."

4. Learned counsel for the petitioner contends that perusal of he order of the learned Additional Sessions Judge shows that he had not applied his mind to the facts of the case. He submits that there was only one petitioner before him (Rehmat Ali petitioner herein) but in the impugned order it has been repeatedly stated that the delay was caused by the petitioners, and it appears that the learned Additional Sessions Judge had confused the case of the petitioner with that of his co‑accused. It is submitted that the petitioner was arrested on 23‑12‑1985, the delay in the disposal of case is not attributable to him. and he is not a dangerous or desperate criminal. This position is not controverted, by the learned State counsel. In the circumstances, I admit him to bail in the sum of Rs. 50,000 with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, Rahimyar Khan.

6. The Superintendent (Criminal) will ensure that the record is sent back to the trial Court at the earliest.

S.A./R‑93/L Bail allowed.