ABDUL GHAFOOR Versus THE STATE

ORDER

A secret information was received by Captain Jamil Akbar that certain smugglers were bringing Indian liquor into Pakistan. He formed a raiding party which laid in wait of the sumugglers near Pattan Kholey Jaimel on the night between 8/9‑4‑1987. Five persons were spotted by the raiding party who entered into Pakistan each carrying a bundle on his head. There was exchange of firing between them whereupon the smugglers throwing their bundles on the spot took to their heels. The raiding party chased them and succeeded in capturing one of the smugglers, namely, Abdul Sattar. The raiding party with the help of very‑light identified the four smugglers who decamped from the scene to be Abdul Ghafoor petitioner) and others. On checking 53 bottles of Indian liquor were found in the bundles. The petitioner was arrested on 10‑4‑1987 and is now lodged in judicial lock‑up awaiting his trial. His bail plea was declined by the lower Court, hence this application.

2. I have heard learned counsel for the petitioner as well as for the State and also perused the record. S.I. Hidayat Ali states that challan in this case is complete and is being put in Court for trial.

3. It is contended that the question whether the petitioner was rightly identified by the raiding party at night time or not and that which bundle was carried by the petitioner at the time of occurrence remains yet to be established beyond reasonable doubt. It is further submitted that the petitioner is in jail without trial for more than 9 months.

4. Be that as it may, without expressing on merits of the case, I feel inclined to allow this petition. The petitioner. is directed to be released subject to his furnishing bail‑bonds in the sum of Rupees Thirty Thousand (30,000 only) with two sureties each in the like amount to the satisfaction of Sessions Judge, Okara.

M.Y.H./A‑259/L Bail granted.