Qudratullah petitioner has moved this petition for cancellation of bail allowed to Muhammad Ibrahim respondent by this Court in a case U/S 148, 302 and 307, P.P.C. Read with section 149, P.P.C.
Vide order, dated 24-1-1987 passed in Criminal Miscellaneous No. 3389-B of 1986.
2. The respondent and his three sons are accused in this case. The respondent was allowed bail on the ground that no injury to the deceased had been attributed to him and there was no recovery of any weapon from him. His counsel also produced electoral roll pertaining to his village according to which his age on 1st January, 1979 was sixty years.
3. Learned counsel for the petitioner contends that the case was already set down for trial when bail was allowed but this fact was deliberately suppressed, therefore, the respondent is not entitled to enjoy the concession of bail. It is further submitted that on 6-12-1986 all the witnesses were present but the case was adjourned to 10-1-1987 on the request of the respondent and his co- accused who stated that they could not engage a counsel but on 10-1-1987 they again took the same plea and the case was adjourned to 2-2-1987. Learned counsel has filed certified copy of the order sheet in support of the above contention.
4. Perusal of the order sheet reveals that the charge was framed on 23- 2- 1987 and complete statement of one witness was also recorded on that day. Except the Investigating Officer, all other P.Ws. Have since been examined and the case is now fixed for 21-4-1987 for his statement and on 22-4-1987 for defence evidence. The orders, dated 6-12-1986 and 10- 1- 1987 show that the witnesses were present on these dates but the case was adjourned on the request of the accused persons as they had not engaged any counsel by then.
5. It is true that during the hearing of Criminal Miscellaneous No. 3389-B of 1986 it was not brought to my notice that the case had already been set down for trial. Learned counsel for the respondent states that he had no knowledge about this fact. Since all the prosecution witnesses except the Investigating Officer have been examined and the case is fixed on 21- 4- 1987 for recording his statement and on 22-4-1987 for recording the defence evidence, I do not consider it proper at this stage to recall the order granting bail. This petition is, therefore, dismissed.
The learned trial Judge will dispose of the case strictly on merits on the basis of evidence without being influenced in any manner by this order or the order, dated 24-1-1987 passed in Criminal Miscellaneous No. 3389-B --of 1986.