KHALIL AHMAD Versus STATE

ORDER

The petitioners have applied for grant of bail in a case registered against them and Abdul Majid vide F.I.R. No.71, dated 1-3-1993 for offence under Article 3/4, Prohibition (Enforcement of Hadd) Order, 1979 at Police Station Baghbanpura, Gujranwala.

2. The F.I.R. discloses that the police party had conducted raid on the house of Abdul Majid and Abdul Latif and recovered heroin weighing three kilograms from the fridge (at the instance of Abdul Latif petitioner No.l and two kilograms from underneath the Charpaie (at the instance of Abdul Qayyum, petitioner No.2).

3. I have heard the learned counsel for the petitioners and the State. Admittedly, the house from where the recovery is said to have been made belongs to and was in possession of Abdul Majid co-accused and not the petitioners. This fact is evident even from the contents of the other F.I.R. No.70, dated 1-3-1993 registered-against Abdul Majid and his son. Abdul Latif, petitioner No.l is the resident of Noshehra Road, Gujranwala while Abdul Qayyum, petitioner No.2 is the resident of Gala Haji Karim Wala, Main Baghbanpura Road, Gujranwala. Therefore, the recovery, even if genuine, may be used against the co-accused who was owner in possession of the house. The petitioners are behind the bars for -the last more than one year but their trial has not yet commenced.

4. Therefore, keeping in view, the peculiar facts and circumstances of the case, and the factum of delay in the commencement of the trial, I accept this petition and allow bail to the petitioners subject to their furnishing bail bonds in the sum of Rs.1,00,000 (One lac rupees) with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Gujranwala.

5. I am informed that the challan against the petitioners has already been submitted. The learned Sessions Judge, Gujranwala shall fix the petitioners' case for trial on any date within a month, either before himself or before an Additional Sessions Judge at Gujranwala. The trial Court shall make every effort to conclude the trial expeditiously, preferably within a period of 4 months after its commencement.

6. It is clarified at the end that the observations made in this order are purely of tentative nature and shall not, in any manner, stand in the way of the trial Court in coming to its own independent conclusion in the light of the evidence adduced by the parties.

N.H.Q./A-613/L

Bail allowed.