' M.A. ZAFAR, J.---Syed Rasheed Shah, petitioner seeks post arrest bail in case F.I.R. No,190/07, dated 30-10-2007 for the offence under sections 186, 324, 353, 399, 401, P.P.C. Registered with Police Station Jhand, District Attock at the instance of Muhammad Amir, Inspector.
2. As per allegation on 30-10-2007 at about 6-15 a.m. Ameer Khan, Inspector along with other police officials were present at Railway Crossing Jhand, a while colour car was intercepted on spy information that persons travelling on the said case are likely to commit dacoity, the said car was chased by the police party and the petitioner and other co-accused tried to escape but thereafter, they stopped the car, came out of the same and started firing on the police party. It is also in the F.I.R. That the members of the police party also fired eight rounds in the air, petitioner and his other two companions were allegedly apprehended at the spot and at the time of the arrest 12-bore pistol with magazine etc. Were recovered for the possession of the petitioner.
3 After the rejection of bail applications from the lower Courts the petitioner applied for bail in this Court and without discussing the merits of the case vide order dated 9-4-2008 passed in Cr1. Misc.
No,268-B of 2008, it was directed to the learned Trial Court to take all steps to conclude the trial within the period of two months from the receipt of copy of the order with further observation that in case the trial is not concluded the petitioner will be at liberty to file afresh application before the learned Trial Court on any available ground.
4. After the order passed by this Court and on expiry of period of two months, the petitioner moved an application before the learned Trial Court for bail, who dismissed the same vide order dated 19- 7-2008 and his request for the grant of bail was also turned down by the learned Addl. Sessions Judge, Attock Camp at Jhand vide order dated 7-8-2008.
5. Learned counsel for the petitioner submits that despite the direction issued by this Court, there is no progress in the matter and petitioner is languishing in Jail since 30-10-2007 without trial.
6. On the other hand, learned D.P.G. Has opposed the grant of bail and submit that due to the non- available of co-accused of the petitioner, namely, Said Ali Shah, the trial of the case is not proceeding.
7. In the order dated 19-7-2008 passed by learned Magistrate refusing to grant bail to the petitioner, he has explained the reasons of delay in the trial, which are reproduced below:- "Anyhow, one of the co-accused Syed Said Ali Shah was transferred by the worthy District and Sessions Judge, Attock vide letter No,1003/Hudl, dated 2-11-2007 on the request of Sub-Inspector Muhammad Shamim of Qaid Abad Landhi P.S, Karachi to Karachi. It was directed by the learned Sessions Judge that accused would be produced by Muhammad Shamim Khan, S.-I. Before the Illaqa Magistrate Jhand whenever required. Anyhow, thereafter, repeated notices through D.P.O.
Attock have been sent for production of the accused but the accused has not been produced from Karachi, D.P.O. Attock sent request for the transfer of the accused through Secretary Home Department Government of the Punjab and in response to the letter of Secretary Government of the Punjab Home Department Government of Sindh sent a letter No, PRS-II/HD/1022/2008 stating therein that accused Said Ali Shah son of Iqbal Shah is facing trial in Sindh Province and he would be shifted to Punjab Province after the disposal of his case in Sindh Province."
8. After hearing learned counsel for the parties and perusing the record I find that no one was injured during the alleged occurrence, no crime empty was recovered A from the spot, though there are allegations of cross firing between the parties. Petitioner is in Jail for the last more than eleven months and there is no likelihood of the conclusion of trial in near future due to non- availability of co-accused of the present petitioner, who is facing trial in the Province of Sindh. Early conclusion of the trial is a right of every accused and an accused cannot be allowed to languish in Jail without trial.
9. For the foregoing reasons, this petition is accepted and petitioner is admitted to bail subject to his furnishing B bail bonds in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of learned Trial Court.