RAB NAWAZ Versus THE STATE

ORDER

Rabnawaz, petitioner, is accused of committing an offence under section 17 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, on the allegation that he on the night 29/30‑9‑1986 had deprived the complainant of his wrist watch valuing Rs.950 and a sum of Rs.75 at the gun point. The petitioner was, however, secured on the spot as his cartridges missed when he attempted to fire at the complainant. He was produced at the police station alongwith the stolen property and the rifle. The petitioner's 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.

3. It is contended that the petitioner is in jail for the last about 91 months without trial; and that none of the persons was injured during the occurrence. Learned counsel however emphasised that case in the circumstances appears to be false. On the contrary, learned counsel for the State opposes the petition.

4. I have carefully considered the facts and circumstances of the case and find that nobody was injured with a gun‑shot. There is no allegation that the petitioner used rifle as stick either. He is in jail without trial for many months. Therefore, I feel inclined to allow this petition. The petitioner is directed to be released subject to his furnishing bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of the trial Court.

H.B.T./R‑64/L Bail granted.