' IQBAL HAMEEDUR RAHMAN, J.----The petitioner seeks post-arrest bail in case F.I.R. No,560 dated 23-11-2005 registered under sections 302, 364 and 201 P.P.C. At P.S. Ghalla Mandi, Sahiwal.
2. Briefly stated the prosecution as contained in the F. I. R. Is that on 19-11-2005 at about 5-00 p.m.
Kashif co-accused got a taxi car No,3929 Peshawar-H along with driver Muhammad Azam on rent of No,2000 for Lahore through Muhammad Amin another taxi driver from Sahiwal. Muhammad Kashif along with Muhammad Nadim, Muhammad Iqbal Rabnawaz, went to Lahore on the above said car. Thereafter Muhammad Azam driver of the car remained untraceable for three days. The complainant searched and inquired for him and above said Muhammad Amin informed him that Kashif etc. Had taken Muhammad Azam along with the car, to Lahore. P.W. Allah Yar also, testified this fact, then the complainant tried to contact the accused, but they were not available in their houses. So initially the instant case was registered under section 364 P.P.C. And later on from the dichey of above said car dead body of Muhammad Azam was recovered, so the offence under section 302 P.P.C. Was added. Originally, the petitioner was not named in the F.I.R. Later on he was nominated in the case on the basis of supplementary statement based on the extra judicial confession of the accused Kashif.
3. It is stated by learned counsel for the petitioner that the petitioner had earlier been granted post-arrest bail vide order dated 29-4-2007 passed by the learned Additional Sessions Judge, Sahiwal, on merits as well as on medical ground and thereafter the petitioner fell ill and could not appear before the learned trial Court as the circumstances were such that the same were beyond his control, as such his bail was cancelled due to non-appearance before the learned trial Court; thereafter the petitioner had moved his bail petition before the learned trial Court which had also been dismissed by the learned Additional Sessions Judge, Sahiwal, vide order dated 27-9-2007; that the absence of the petitioner before the learned trial Court was for a period from 8-6-2006 to 29-6-2006 for about 20 days. It is further stated during this period, the petitioner had been under statement firstly in the Lahore General Hospital where he was admitted on 5-5-2006 and thereafter was discharged on 15-5-2006 and discharge slip is attached as Annexure E and thereafter he had admitted to the Gulab Devi Chest Hospital Lahore on 18-5-2006 and was discharged on 26-6-2006 and discharge slip is Annexure E/1, as such non-appearance of the petitioner before the learned trial Court was not intentional and the same was beyond his control. He has further adverted to the earlier bail granting order of the petitioner wherein the learned Additional Sessions Judge, Sahiwal, while granting bail to the petitioner vide order dated 29-4-2006 had observed that admittedly the accused/petitioner Maqbool is aged about 60/70 years and is old enough having a weak physique and is also suffering from pulmonary tuberculoses and no weapon of offence has been recovered from Maqbool petitioner or on his pointing out and the bail was granted to the petitioner on the ground that he is of advance age and being a patient of tuberculoses; that the petitioner had been produced before the trial Court by the surety; that since 8-6-2006 only charge has been framed but no evidence has been recorded of any P.W. Almost a year has elapsed and in the respect learned counsel for the petitioner has also produced before the Court attested copies of the proceedings of the learned trial Court to show that the prosecution witnesses are not attending the Court, as such the petitioner cannot be said to be delaying the conclusion of the trial and that the case is at initial stages.
4. On the other hand, bail has been opposed by learned counsel for the complainant as well as the learned D.P.G, contending that charge has been framed and the case is fixed for evidence for 29- 10-2007 and in these circumstances bail should not be granted to the petitioner which would further delay the conclusion of the trial.
5. I have heard arguments of learned counsel for the parties and perused the record.
6. In view of the when the petitioner granted bail and he had able to show that he had been obtaining medical treatment in two different hospitals it was on the record that the petitioner is a patient of pulmonary tuberculosis, as such certificates of the Government Hospitals cannot be rejected outrightly which fully supports the plea of non-presence of the petitioner for a period of 20 days before the learned trial Court.
7. In these circumstances when the petitioner is also of advance age, this petition, is accepted and the petitioner is admitted to bail subject to his furnishing B bail bonds in the sum of Rs,1,00,000 (rupees one lac only) with one surety in the like amount to the satisfaction of the trial Court.