MUHAMMAD SAEED Versus STATE

ORDER

Muhammad Saeed petitioner has moved this petition for bail in a‑ case under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979. This is his second bail application Criminal Misc. No. 2‑B of 1989, previously filed on his behalf, was withdrawn and the learned counsel prayed for a direction to the trial Court to dispose of the case expeditiously. Accordingly, a direction was issued to the learned trial Judge to dispose of the case before 30‑6‑1989. It was observed that in case the trial is not concluded within that period the petitioner shall be at liberty to repeat the application.

2. The prosecution version is that on the night between 31st May and 1 st June 1987 the petitioner was apprehended by a Nakabandi party when he was going towards the border with a bundle on his head. On being challenged he threw the bundle and tried to escape, but he was apprehended. On inquiry, he informed the members of Nakabandi party that the bundle contained twenty killograms of heroin belonging to Malik Nadir Khan of Jamrood Agency, who had employed him as a carrier for smuggling it to India. Heroin weighing twenty killograms was found in the bundle.

3. Bail is claimed on the ground that the petitioner is in jail for a continuous period exceeding two years and four months and his trial has not concluded so far. Learned counsel further submits that besides this case the petitioner is also facing trial for the same transaction before the learned Customs Judge under section 156(1) 8/89 of the Customs Act in which he has been allowed bail on the statutory ground.

4. The petitioner was arrested on the night between 31st May and 1st June 1987 and is in jail since then. His trial has not so far concluded. I, therefore, admit him to bail in the sum of Rs. 1,00,000 (one lac) with two sureties in the like amount to the satisfaction of Assistant Commissioner, Bahawalnagar.

S.A./M‑1674/L

Bail granted.