This order will dispose of three petitions bearing Criminal Miscellaneous No. 114-B, 115-B and 116-B of 1986 as all three petitioners are accused in one and the same case registered under sections 307, 148, 149 and 326, P.P.C. On 1-1-1985 with police station Saddar Jhang. According to the F.I.R. The three petitioners alongwith four others launched an attack on the complainant party. Rana Nayyar Iqbal was alleged to have fired his carbine injuring Muzaffar P.W. Kalim petitioner caused injuries with his dagger on the abdomen of Umar Daraz complainant whereas Shamim petitioner fired with his pistol causing injuries to Umar Daraz. The role attributed to the other four co-accused need not be stated as they have already been released on bail and are not petitioners before me. Kalim since his arrest in January, 1985 is confined in jail awaiting the completion of the trial. Rana Nayyar Iqbal and Shamim were granted bail by the Judicial Magistrate on 18-3-1985 but the same was cancelled in October, 1985 and since then they are in jail. The challan in the case was submitted in the Court on 15-2-1985 and till today not even a single witness of the prosecution has been examined. The explanation offered by the learned counsel for the State and the complainant is that Judicial Magistrate Chiniot is looking after the work of this Tehsil as well as two other Tehsils and appointment of a new Judicial Magistrate for this Tehsil is being awaited, and due to the heavy work load the trial has not yet commenced in the case of the petitioners.
2. Bail on behalf of Kalim petitioner is pressed on statutory ground as the period of one year since the date of his arrest has already expired and the period of one year from the date of the submission of the challan will expire on 14-2-1988 In these circumstances Kalim petitioner is entitled to be released on bail on the statutory ground. I, therefore, direct his release on bail on his furnishing bail bond in the sum of Ra.20, 000 with one surety in the like amount to the satisfaction of the Assistant Commissioner, Jhang.
3. As regards the other two petitioners, namely. Nayyar Iqbal and Shamim, it is submitted that the eye--witnesses have contradicted the allegations made in the F.I.R. As these witnesses in their statements recorded under Section 161, Cr.P.C. Stated that Muzaffar was injured as a result of the shot fired by Mushtaq coo-accused. Whereas the allegation in the F.I.R. Is that Nayyar Iqbal injured Muzaffar. Likewise it is pointed out that in the medico-legal report no fire arm injury was found on the body of Umar Daras and so the allegation that Shamim fired his pistol, causing injuries to Umar Dares prima fade stands contradicted. Mr. Talib H. Rizvi in the circumstances submitted that on the face of the material available on record a case of further inquiry is made out, and, therefore, these petitioners are also entitled to the grant of concession of bail. I agree with this submission of the learned counsel for the petitioners. Even otherwise it is not known as to when the Judicial Magistrate will be available to proceed with the trial. The petitioners are in the jail for the last eight months without any progress in the trial. Rana Nayyar Iqbal and Shamim petitioners are also directed to be released on bail an their furnishing bail bonds in the sum of Rs.20,000 with one surety in the like amount each to the satisfaction of the Assistant Commissioner. Jhang.
S.A. Accepted.