KHALIL-UR-REHMAN RAMDAY, J.- While granting bail to Gul Mohammad respondent within four months of his arrest, the learned ASJ appears to have been influenced by the fact that the two accused persons, namely, Gul Mohammad respondent, and his co-accused Mumtaz and the deceased had been drinking ALCOHAL on the night of occurrence and that Gul Mohammad respondent had himself remained unconscious for three/four days. The indication is that the learned ASJ was of the view that all the three had been taking ALCOHAL together and it was on account of the ALCOHAL being spurious that the death of Mian Khan had got caused. As per the report of the Chemical Examiner, insecticide belonging to orange phosphorus group had been detected in the viscera taken from the body of Mian Khan deceased. This kind of poison could not have reached the body of the deceased only on account of ALCOHAL going bad. This would have been possible only if this kind of a poison had been intentionally added to the liquid which had been drunk by Mian Khan deceased.
2. The fact that Gul Mohammad respondent had also remained unconscious for three T four days after allegedly drinking the ALCOHAL along with Mian Khan deceased, is a question which hardly has any support in record. He is staled to have full unconscious at the spot. For he having remained unconscious for three T four daw, no evidence could be offered to the I.O. Emanating from any doctor or hospital that the respondent had in fact full unconscious and had been treated. This was not the' kind of special feature which should have persuaded the learned ASJ to treat Gul Mohammad respondent dillydally from the co-accused Mumtaz. T he evidence of last seen is available with the prosecution and its value and worth and he determined only at the trial.
3. In the circumstances. I find that the discretion exercised by the learned ASJ was not a judicious exercise of power. Consequently, to Gul Mohammad respondent through an order dated 21.9.1993 of the learned ASJ of Depalpur, is recalled.
4. In is staled at the bar that the trial has been fixed for recording of evidence. II this be so, then the learned trial Court shall take steps for expeditious disposal of the trial and before I part with the order I must also observe that nothing said or observed in this order should be taken as a final determination of any fact or issue and should not influence the learned trial Court while dealing with the trial in question.
5. This petition is allowed in the above terms.