1994 PCRLJ 1572

HABIB-UR-REHMAN Versus STATE

Citation1994 PCRLJ 1572

CourtLahore High Court

Date1991-01-20

Judge(s)Raja Afrasiab Khan

ResultBail allowed

ORDER

1. Habib-ur-Rehman, petitioner seeks his post-arrest bail in a case registered against him and others under section 307/34, P.P.C. at Police Station Ravi Road, Lahore vide F.I.R. No.509/1989, dated 3-11-1989. The ` allegation is that petitioner while armed with a Chhuri inflicted injuries upon Zulfiqar P.W. Earlier pre-arrest bail was allowed to the petitioner by this Court. However, the bail granting order was recalled by the Honourable Supreme Court on 13-2-1990. It is contended by the learned counsel that petitioner is in jail for the last more than 10 months and that his trial has not been concluded so far. Learned counsel has relied upon Muhammad Siddique v. State 1988 M L D 158(2); Umar Hayat v. The State 1987 M L D 123 and Ghulam Hussain v. State 1986 P Cr. L J 1385.

2. In these cases bail was allowed to the accused on ground of delay in the conclusion of their trial while they were in jail. In the first case of M. Siddique the accused was allowed bail because he remained in jail for about 8 months. In the second and third cases the accused remained behind bar for 7-1/2 months and four months respectively. These were also the cases about an attempt to murder. It is further argued by the learned counsel that principal accused Muhammad Ashraf has already been admitted to bail by the learned trial Court.

2. Learned State counsel opposes the bail petition. He submits that the accused is named in the F.I.R. and participated in the commission of the crime. It is also submitted by the learned counsel for the petitioner that there is possibility of the conclusion of the trial of the petitioner in the near future. The admitted position is that the Petitioner in the jail for the last more than 10 months and that his co-accused has been admitted to bail. Relying upon the above noted authorities, the petitioner is admitted to bail in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of A.C. City/Trial Court. Petition stands disposed of.

3. N.H.Q./H-120/L

4. Bail allowed.