1994 PCRLJ 829

MUHAMMAD ZAMAN Versus STATE

Citation1994 PCRLJ 829

CourtLahore High Court

Judge(s)Irshad Hasan Khan

ResultBail granted

This judgment shall dispose of Bail Applications Nos.636/B and 637/B of 1993.

2. These are applications for grant of bail under section 497, Cr.P.C. in cases F.I.Rs. Nos.123 and 124, dated 15-10-1975 respectively registered at Police Station Rewat, District Rawalpindi, under section 302/34. P.P.C. and 302/148/149,P.P.C.

3. Learned counsel for the applicant argued that Special Military Court No.65, Rawalpindi convicted the applicant in case F.I.R. No.123 and awarded him imprisonment for life. The applicant challenged his conviction and sentence by means of Writ Petition No.453 of 1986. This writ petition was accepted by order, dated 1-2-1992 on the ground that initiation of proceedings before the Special Military Court which led to the conviction and sentence of the applicant were mala fide being violative of the undertaking given to this Court on behalf of the State that the trial would be conducted by the ordinary Court. The applicant was also convicted in case F.I.R. No.124, dated 15-10-1975 under section 302, 148/149, P.P.C. and sentenced to death vide order, dated 25-3-1985. The conviction was also challenged by the applicant by means of Writ Petition No.662 of 1986. Writ Petitions Nos.453 and 662 of 1986 were accepted vide consolidated judgment, dated 1-2-1992 passed in Writ Petition No.453 of 1986.

4. Subsequent to the acceptance of both the writ petitions, Muhammad Hanif, co-accused who was convicted and sentenced to life imprisonment in case F.I.R. No.124/75, moved Criminal Miscellaneous No.1919 of 1992 in Writ Petition No.662 of 1986 for grant of bail on the ground that he was on bail during the pendency of the writ petition and no order was passed by this Court on 1-2-1992, regarding its recall. His bail application was allowed on 15-7-1992 subject to his furnishing bail bonds in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the Sessions Judge, Rawalpindi.

5. The applicant moved two petitions for grant of bail in both the cases before Sessions Court, Rawalpindi. The same were, however, dismissed on 21-3-1993 on the ground that the matter was earlier dealt with by the High court in relation to Muhammad Hanif, co-accused and therefore, the applicant may move the High Court for available relief.

5. We have heard the learned counsel for the applicant and the learned Additional Advocate-General. It is not disputed that Muhammad Hanif was granted bail on 15-7-1992 on the ground that he was on bail in the case and the main judgment delivered in Writ Petition No.453 of 1986 containing the reasons for disposal of his Writ Petition No.662 of 1986 did not contain any direction for recall of the concession of bail to him. The case of the applicant is at par with that of the co-accused, therefore, following the principle of consistency, the applicant is also enlarged on bail in case F.I.Rs. Nos.123 and 124 supra subject to his furnishing bail bonds in each case in the sum of A Rs.50,000 (Rupees fifty thousand) with two sureties each in the like amount to the satisfaction of the District and Sessions Judge, Rawalpindi. The learned District and Sessions Judge, Rawalpindi is also directed to dispose of both the cases namely F.I.Rs. Nos.123 and 124, dated 15-10-1975 within three months. The necessary records of F.I.Rs. Nos.123 and 124 dated 15-10-1975 be transmitted to Sessions Court.

N.H.Q./M-1336/ L Bail granted.