ORDERCH. KHURSHID AHMAD, J.- F.I.R. No. 114/94 was registered at Police Station Sadar Dipalpur, District Okara on 203.1994 under section 392 PPC and Article 17 of Ordinance VI of 1979 at the instance of Muhammad Aslam, S.I. On the basis of statement of Syed Imtiaz Hussain recorded by him.
2. The petitioner having failed before the Court of Session in securing the bail has applied to this court for bail. The occurrence took (dace on 183.1994 and the petitioner was arrested on 6.4.1994.
3. It has been contended by the learned counsel for the petitioner that the complainant and the accused were known to each other and there could be no question of robbery and the version of the accused that there was a dispute regarding payment of fare and FJ.R. Was lodged after a delay of forty horns. It has further been contended that the provisions of Article 17 of Ordinance VI of 1979 were not attracted and the complainant also changed the witnesses who allegedly freed him as the witnesses originally eked were not supporting the prosecution story.
4. The bail was opposed on the ground that the offence alleged was covered by Prohibitory clause of Section 497 Cr.P.C, and that the suzuki car was recovered from the possession of the accused and that the challan has been submitted by adding Section 411 PPC and the offence under Article 17 ofOrdinance VI of 1979 as changed to one under Article 14 of Ordinance VI of 1979.
5. The accused was arrested on 6.4.1994 and the challan by the police was submitted in the Court of Ilaqa Magistrate on 16.10.1994 under sections 392/411 PPC and Article 14 of Ordinance VI of 1979 but no further progress was made in the trial. The petitioner was in judicial lock up for the last more than 9 months and the learned counsel for the State not being in a position to inform this court as to the time the trial would take to conclude, this application is accepted. The petitioner shall be enlarged on bail subject to his furnishing bail bonds in the sdm of Rs. 30,000/- with two sureties in the like amount to the satisfaction of the trial Court.