ALAM KHAN Versus AHLA

Mehfooz Ahmad, Kifayatullah, Muhammad Tufail, Irshad Ahmad and Muhammad Yousaf petitioners alongwith Tariq accused and Arshad absconder are accused of the offence under section 435/148/149, P.P.C. The case was registered against them at Police Station Sadar Daska on 26‑12‑1986.

2. Petitioners allegedly set fire to complainant's `Tori crop' on the night between 24/25‑12‑1986, causing a loss of about Rs.7,000. Learned counsel for the complainant contended that since the petitioners are accused in other cases also, therefore, they are not entitled to the concession of bail. Mubarak S.I., is present with record. According to him, the case was re‑investigated, therefore, it could not be sent to Court. Admittedly, the case is still with the local police and has not so far been sent to P.D.S.P. for scrutiny. The offence is punishable with seven years' imprisonment. There is no incriminating recovery from the petitioners. The previous litigation is pending between the same parties without prejudice to the case of prosecution, there is no unconnected witness named in the F.I.R. Under these circumstances, petitioners are allowed bail in the sum of Rs.5,000 (Rupees, five thousand) each with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Daska.

H.B.T./M‑1108/L Bail granted.