' This is an application for the grant of bail to Mian Abdul Hameed and Muhammad Sadiq, petitioners, in a case under section 188/295-A, P.P.C. And section 16 of the Maintenance of Public Order, registered at Police Station City Mandi Baha-ud-Din, vide F.I.R. No, 90 dated 9-4-1991.
2. During the investigation, section 188, P.P.C. And section 16 of the Maintenance of Public Order were dropped and final report under section 173, Cr.P.C. Has been submitted under section 295-A, P.P.C.
3. The learned counsel for the petitioners submits that the Challan having been submitted, the trial Court cannot take cognizance of this offence against the petitioners because no complaint has been filed by the Central Government or Provincial Government or the officer authorised in this behalf. The learned counsel for the State is not in a position to controvert him.
4. I have considered the matter carefully. The provisions of law relied on by the learned counsel for the petitioner may be reproduced advantageously:- "S.196 Cr.P.C.---No Court shall take cognizance of any offence punishable under Chapter VI (or IX A) of the Pakistan Penal Code (except section 127), or punishable under section 108-A, or section 153-A or section 294-A, (or section 295-A) or section 505 of the same Code, unless upon complaint made by order of, or under authority from (the Central Government or the Provincial Government concerned, or some officer empowered in this behalf by either of the two Governments.)"
5. The Challan having already been submitted, the case is pending before the trial Court, so without expressing opinion about the jurisdiction of the trial Court, I direct that the petitioners shall be released on furnishing bail bond in the sum of Rs, 20,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Mandi Baha-ud-Din.