NEIL ALAM Versus STATE

ORDER

1. A case of challan by the police under section 1 02, P. C. read with ‑Eon 5 of the Islamic Penal Laws Act and sections 307;'148 and 149/188, P. C. and 188/148 and 149/109, P. C. as well as a complaint for the same incident are sub judice against the accused including the applicant before the District Criminal Court, Mirpur.

2. The counsel for the parties were. heard. The cases are .old for over 4 years and still they are at the very initial stage of the trial. So far state ments of the accused facing trial were recorded under section 242, Cr. P. C. The principal as well as other accused who face trial, stand admitted to bail. It is in absence of the applicant that the cases are being taken up by the trial Court. The applicant has now stepped in to join the trial as he is also charged with the offences under sections 188/148 and 149/109, P. C. alongwith some other accused. He prays to be enlarged on bail as the other co‑accused have already been bailed out by the trial Court. The learned counsel for the applicant has contended that the allegation against the accused‑applicant is only under sections 188/148 and 1491109, P. C. and not connected with the main offences under sections 302 and 307, P. C. The Additional Advocate‑General does not agree with this contention of the learned counsel for the applicant. He is of the say that the offences levelled against the applicant are. very much connected with the main offences under sections 302 and 307, P. C. The Police report reveals that sections 149 and 109 are attached with sections 188/148, P. C. in writing against the accused‑applicant and not with the offences under sections 302 and 307, P. C. In the complaint on which the process was issued against the accused applicant by the trial Court vide its Order dated 15th July, 1978, no description of the offences for which the accused were summoned is given therein. This is a matter of interpretation to be made by the trial Court in respect of commission of offences allegedly committed by the accused while the case is disposed of by that Court and not for this Court at the instant stage to hold this way or that way, i.e. whether sections 149 and 109 attract section 188, P. C. alone or sections 302 and 307, P. C. a well in case of proof of the alleged offences against the accused‑applicant to be put on trial alongwith the others. Again, when the principal accused are on bail, the applicant, charged with the above, mentioned offences is also entitled to the privilege of bail.

3. That being so, the interim bail granted to the accused‑applicant is hereby confirmed.