Facts of the case are that complainant lives in Haveli Rustam. Wali while his brother. Master Muhammad Arshad was going to Master Shahab Din resident of Kalu Khara to know about his duty.
His brother was going on bicycle to Kalu Khara when two young boys met him in the way,, his brother asked them about the way leading to Kalu Khara.
When his brother was returning back at about 12/1.00 noon, same two boys were sitting under a kikar tree, both were having pistols. They both stopped Master Muhammad Arshad. He was having RS. 50/60.00. The accused asked him to leave his bicycle but he resisted, upon this one of them fired a shot which hit on his left thigh who became injured. Description of both the accused was given in the FIR. Injured Master Muhammad Arshad made a statement on 4.9.2005 attributing the fire shot to the present respondent.
2. Respondent became fugitive from law, he was declared proclaimed offender and ultimately he was arrested on 27.6.2006 that's 10 months after the occurrence. He applied for bail after arrest before Mahmood Hayat Civil Judge with power of Section 30 Kasur who granted bail to the respondent on 15.12.2006. His co-accused Muhammad Tariq filed Crl. Misc. No. 2589-B-2007 before this Court which was not only dismissed be me but it also came to my notice that in fact it was the second bail petition of Muhammad Tariq co-accused. Earlier Crl. Misc. No. 4746-B-2006 was dismissed by passing a detailed order on 26.6.2006 but his counsel Ch. Jahangir Hussain did not mention this fact. I was going to issue a notice to him but treating a young lawyer I did not think it proper to issue a notice. It also came to My notice that respondent has been allowed bail by Mahmood Hayat Magistrate Section 30 Kasur, bail granting order was placed on record. I am sorry to note that while passing a routine order learned Magistrate had granted bail to the respondent.
He has mentioned in his order that no recovery was effected from the respondent, which is totally wrong. Pistol was recovered from the respondent at the time of his arrest on 27.6.2006. The injured PW Master Muhammad Arshad star witness in his statement under Section 161 Cr.P.C has fully implicated the respondent. Learned Magistrate did not bother to go through the record to mention this fact. It is most important aspect of the case that he even did not bother to see that, when respondent was arrested and whether any proceeding under Section 87/88 Cr.P.C were initiated against the respondent. Respondent was also declared proclaimed offender. He was arrested 10 months after the occurrence. Such like offences are at peak in the country. These type persons cannot be let loose in the society to repeat the offences. I have procured his presence after lot of efforts. Learned counsel for the respondent submits that respondent was allowed bail after arrest, challan has been submitted in the Court and no recovery has been effected from him. I may state here that mere submission of challan is no ground for grant of bail in a case punishable with death, life imprisonment or ten years. So bail-granting order passed by learned Magistrate Section 30 Kasur is withdrawn. He is already in custody. He shall be sent to judicial lock up. Learned trial Court is directed to proceed further with the case and complete the trial as early as possible.
3. I would not restrain to comment upon the working of learned Magistrate who did not bother to go through the record at the time of granting bail to the respondent. He had granted bail to the respondent on flimsy grounds, which were not available on the record. This order shall be kept on his dossier. I also recommend to the Honourable Chief Justice that his powers for hearing criminal cases may be withdrawn. A copy of this order be sent to learned Sessions Judge, Kasur.