MUKHTAR AHMAD Versus SAJJAD HUSSAIN

ORDER

1. Petitioner seeks bail in a case registered against him and another with Police Station Race Course Road, Lahore, for an offence under section 379/411, P.P.C. Petitioner had applied earlier by means of two bail applications and each was dismissed.

2. In the present application learned counsel for the petitioner contends that petitioner was arrested on 11-4-1993 and till today the trial has not commenced. Submits that the case is pending trial before Magistrate First Class, who cannot award more than 3 years sentence. Asserts that it has been almost a year ever-since the arrest of the petitioner, therefore, continuous detention amounts to his being condemned unheard, Contentions were opposed by learned counsel for the State.

2. I have heard the learned counsel and gone through the file. Petitioner according to the learned counsel is practising Advocate. He has been in jail since 13-5-1993. He is not required by the police for purpose of investigation any more. Therefore, the petitioner is allowed bail, provided he furnished security, in the sum of Rs.50,000 (Rupees fifty thousand only), with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Lahore Cantt. who shall personally accept the surety after being satisfied himself.

3. N.H.Q./1478/L

4. Bail allowed.