This is an application for cancelling bail granted to Pir Bakhsh, respondent, by Additional Sessions Judge, Rahimyarkhan vide his order, dated `26-6-1988.
2. According to the prosecution, Pir Bakhsh, respondent, with 10 others duly armed with deadly weapons, formed an unlawful assembly and in prosecution of common object of that unlawful assembly committed the murder of Allah Wasaya (deceased) and attempt on the lives of Allah Jiwaya and Noor Ahmed P.Ws. On 6-11-1988. A case was registered at the instance of Allah Jiwaya, petitioner-complainant, the same day, at police station Sehja, district Rahimyarkhan. It may be stated that the deceased Allah Wasaya had suffered three injuries, one with sharp-edged weapon and two with blunt weapon. Allah Jiwaya, petitioner, suffered six injuries i.e. Five with blunt weapon and one with sharp-edged weapon simple in nature.
Likewise Noor Ahmed P.W. Suffered six injuries, one with sharp-edged weapon and five with blunt weapon, all being simple in nature. During investigation six accused were found innocent whereas the respondent alongwith Abdul Samad, A min, Shari and Faiz Bakhsh were challaned to Court. The role attributed to the respondent is that he had caused fatal injury with hatchet on the head of deceased.
3. Learned Additional Sessions Judge, Rahimyarkhan, allowed bail to respondent Pir Bakhsh observing that large number of co-accused of the respondent were held to be innocent; that number of accused exceeds the number of injuries; and that there was no premeditation on the part of the accused either, therefore, it was a case of further inquiry. Feeling aggrieved thereby, the instant petition for cancelling the bail of the respondent has been made.
4. This petition was admitted to regular hearing on 23-9-1989 but unfortunately it could not be disposed of for one reason or the other. Today, I am told that the trial in the case has already commensed since 26-2-.1990 when charge was framed.
5. I have heard learned counsel for the parties at some length. Admittedly, the respondent is accused of having caused fatal head injury with a hatchet to the deceased and has been found guilty during the investigation. In the circumstances, I do not feel happy with the bail-granting order passed by Additional Sessions Judge in the circumstances, yet I refrain from interfering with the same, because the trial has already commenced. In saying so I am fortified by the dictum laid down in Jalal v. Muhammad Shari (1989 S.C.M.R. 1129). However, it is directed that the learned trial Court shall finalise the trial within a month from the date of receipt of this order by hearing the case on day to day basis as directed earlier by my learned brother Sardar Muhammad Dogar, J., vide order, dated 5-5-1990. In case this direction is violated a serious action shall be taken. If the respondent tried to prolong the proceedings by absenting himself from the Court, the Trial Court shall be within its right to cancel his bail and commit him to jail. The petition is disposed of.
N.H.Q./A-186/L