GHULAM ALI Versus STATE

ORDER

This petition has been filed on behalf of Ghulam Ali for the grant of bail in Case F.I.R. No.56/93, dated 27-1-1993, under section 216/324/353, P.P.C. Article 3/4 of the Prohibition (Enforcement of Hadd) Order (4 of 1979), and section 13 of Arms Ordinance (XX of 1965), registered at Police Station Sadar, Sheikhupura, on the allegation that when the police raided the Haveli of Ghulam Nabi in Village Chakho Ke for rounding up the persons allegedly busy selling heroin, there the petitioner with others opened fire at the raiding party with .12 bore gun and decamped. He was arrested in this case on 10-3-1993. The case is still under investigation. His bail plea was declined.by the lower Court, hence, this petition.

2. I have heard learned counsel for the petitioner as well as for the State and perused the record.

3. Admittedly, nobody was injured during the occurrence and no fire-arm or other incriminating article has been recovered from the petitioner. S.I. Nasir Kazmi who is present in Court with record states that the case is now being investigated by D.I.-G., Lahore Range. Earlier this case has been investigated by number of Police Officers but none of them has so far found the petitioner guilty in this case. The petitioner is behind the bar for the last about 7 months without trial. In these circumstances, I find that the petitioner deserves to be released on bail. Consequently, I allow this petition and direct that the petitioner be released subject to his furnishing bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Sheikhupura.

N.H.Q./G-177/L Bail allowed.