MUHAMMAD ISSA Versus IBRAHIM

ORDER

1. The cancellation of bail granted to the respondent Ibrahim by the learned Additional Sessions Judge Astore is being sought on the sole ground urged before the Chief Court and this Court that initially the case was registered under section 302, P.P.C. but subsequently challan was submitted under section 319, P.P.C. and the respondent was granted bail on the ground that offence under section 319, P.P.C. was bailable but learned Trial Judge framed charge against him for an offence under section 316, P.P.C. which is punishable with Dyiet and imprisonment for a term of fourteen years as Tazir. The learned Counsel contended that offence under section 316, P.P.C. falls within the prohibitory clause of section 497, Cr.P.C. and consequently bail granted to the respondent under section 319, P.P.C. was liable to be cancelled.

2. The question whether the offence is made out under section 319 or 316, P.P.C. is yet to be determined on the basis of evidence by the Trial Court, therefore this is not proper for this Court to comment upon the nature of offence at this stage lest it may not prejudice either side at the trial.

3. Learned Counsel when pointed out, the above position he without further pressing this petition has requested for permission to file fresh petition before the Trial Court after material evidence is t recorded. The request being reasonable, the petitioner may if so advised file a fresh petition before the trial Court after material evidence is recorded.

4. The case was registered on 19-3-2008 and the challan was submitted in the Trial Court within reasonable time but the trial is still at primary stage. We therefore direct that Trial Court while proceeding expeditiously will make efforts to conclude the trial within three months.

5. Disposed of accordingly.

6. N.H.Q./32/Glt. Order accordingly.