Though instant petition petitioner, Muhammad Arshad has sought post arrest bail in case FIR No, 671 dated 18.11.2015, in respect of offences under Sections 392, 397, 411, PPC registered at Police Station Ghala Mandi, District Shaiwal.
2. Brief allegation against the petitioner as contained in the crime report is that on 07.11.2015 at 07:15 p.m., he alongwith his co-accused while muffled faces and riding on motorcycle waylaid the complainant and forcibly snatched an amount of Rs, 2,98,000/- and one mobile set Samsung Galaxy. On his hue and cry people of the vicinity attracted there and during scuffle the accused persons became unveiled and were identified as the petitioner alongwith. All Nawaz, Ali and an unknown accused, who had succeeded to flee away from the scene of occurrence. Hence, this case was registered.
3. I have heard learned counsel for the petitioner, learned Deputy Prosecutor General appearing for the State assisted by the learned counsel for the complainant and have perused the (sic).
4. The petitioner alongwith his co-accused was saddled with the responsibility of snatching an amount of Rs, 2,98,000/- and mobile phone from the complainant and was identified at the spot.
Learned counsel for, the petitioner seeks post-arrest bail on the ground of delay in conclusion of the trial. The perusal of record shows that co-accused Ali Nawaz has already been granted post- arrest bail by the learned trial Court on 03.08.2017 on the ground of statutory delay in conclusion of the trial. The role of the petitioner is quite identical to that of the role attributed to Ali Nawaz co- accused. Record further reveals that on the last two dates of hearing before the learned trial Court i,e, 11.09.2017 and 20.09.2017 the prosecution witnesses were not present and even on 11.09.2017 non- bailable warrant of their arrest have been issued to procure their attendance. The petitioner is behind the bars since his arrest i,e, 05.02.2016 without any substantial progress in the trial. The physical custody of the petitioner is not required to the police any more and his further incarceration in the judicial lock up would serve no useful purpose for the prosecution. The petitioner deserves for the same treatment to be released on statutory delay in conclusion of trial.
5. For the foregoing reasons, this petitions is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- (rupees two hundred thousand only) with two sureties in the like amount to the satisfaction of the learned trial Court.