1. ' The report was lodged by a Bangla Deshi girl Minara Begum wherein she was stated that she has come-from Bangla Desh to meet his brother Luqman. One broker Razzaq Commander and the present applicant sold her to one Ghulam Qadir of Lahore for a consideration of Rs,13,000.
2. The application for bail has been moved on the ground that a period of one year has expired but uptil now the trial is not completed. The learned trial Judge has dismissed the application on the ground that he is desperate, hardened and a previous convict. He has, based his finding on the report of the police. Co-accused Osman Ghani was admitted to bail by the same learned Judge on the ground of delay.
3. ' Learned counsel for the applicant has submitted that the police has given similar report against the co-accused but the co-accused has been admitted to bail on the ground of delay but the application of the present applicant was dismissed.
4. ' On the other hand the order of the learned Sessions Judge shows that according to the police report, Osman Ghani is not dangerous, desperate and hardened and not a previous convict.
5. Learned counsel has not placed on, record the police report to substantiate his contention that similar report was given by the police against the co-accused. However, it is a fact that uptil now not a single witness has been examined as is clear from the order of the learned Additional Sessions Judge, dated 9-8-1986 in the bail B application of Osman Ghani. The two co-accused are facing two cases on the same facts. The allegations against the two co-accused are the same and the facts are identical and no distinction can be drawn against the two co-accused. The learned trial Judge has to base his opinion on the basis of the record and he should not have accepted the report of the police which is not based on any material. The application cannot be rejected on the sole ground that another case is pending. The trial Court has to form his independent opinion on the basis of the record to come to the conclusion that the accused is desperate, hardened and dangerous. It is an admitted fact that he is not a previous convict. In the absence of any material to show that lie is dangerous or desperate, he is entitled to bail.
6. ' The application is admitted to bail. H be released on bail if he furnishes surety in the sum of Rs, 30,000 (Rupe s thirty thousand only) and P.R. In the like amount the satisfaction of the trial Court.