' The list of cases has been perused. The list shows that in the case stood at Sr. No, 3 where in the present bail application has been moved, the petitioner has not been bailed out. Similarly, another case listed at Sr. No,4. registered under section 324/148/149, P.P.C. is also pending adjudication before a Magistrate at Lahore.
2. A perusal of the FIR clearly shows that the petitioner armed with a klashnikov, co-accused Ahsan Ullah armed with a gun, Shafaqat armed with a 7mm rifle accompanied by Ali Ahmad armed with a Klashnikov forcibly entered into the house of the complainant and the daughters of the complainant Mst. Zenab and Shamim Akhtar were then taken to an other room where they were subjected to forcible sexual intercourse by the petitioner and his co-accused.
3. The FIR was lodged after 9/10 days of the occurrence and the delay has also been explained in the F.I.R.
4. The learned counsel for the petitioner contends that this is a false case registered on account of enmity. He further submits that two years have expired but the trial has not yet commenced. The challan in this case has been sent to the Court and Mr. Sakhi Hussain Bokhari, Addl. Sessions Judge, Gujranwala has seized of the case.
5. The record also shows that due to some administrative reasons, the petitioner was shifted from Gujranwala to Lahore, therefore, the trial could not proceed. In these circumstances, I would direct that the petitioner shall be transferred to Gujranwala Jail to face his trial. The transfer will take place within three days and Syed Sakhi Hussain Bokhari, Addl: Sessions Judge, Gujranwala is directed to proceed with the trial of this case on 18th of July, 1993 and shall then proceed on day to day basis so that the trial stands concluded by 1st of August, 1993. The plea that statutory period has expired is not available because the petitioner seems to be a desperate person and he has also been responsible of the delay in the trial.
Adverting to the case of the co-accused who have been allowed bail, I am of the view that the grant of bail to them prima facie is not in consonance with the law and thereby it reflects upon the system of administration of 8 criminal justice in the Province. Accordingly, in exercise of the suo motu powers vesting in the Court, I will issue notice to Ahsan Ullah, and Shafqat to appear in his Court on 14th of July, 1993 to show cause as to why the bail granted to them should be cancelled.
With these observations, this petition stands dismissed.