MUHAMMAD KHURSHID Versus THE STATE

ORDER

The petitioners were accused in case F.I.R. No.337/95 registered at Police Station Dera Rahim, District Sahiwal on 27-11-1995 under section 337-(5)/377-A(i)/148/149, P.P.C.

2. The alleged occurrence took place on 16-10-1995 and the F.I.R. was lodged on 27-11-1995. The question of explanation of delay shall be seen by the trial Court at the stage of trial. Two of the co-accused of the petitioners have been granted bail and it has been admitted by the S.I. who has brought the case file that report under section 173, Cr.P.C. was filed on 8-4-1996. It is surprising that the prosecution flagrantly violated the provisions of section 173, Cr.P.C. The prosecution has taken 5 months in filing the report and nothing can be said as to when the trial shall be concluded.

3. In view of the above the petition is allowed. The petitioner shall be released on bail subject to the furnishing bail bond in the sum of Rs.30,3000 with one surety in the like amount to the- satisfaction of A.C./Duty Magistrate, Sahiwal.

4. Copy Dasti

N.H.Q./M-187/L Bail allowed.