MUHAMMAD ASIF JAN, J. - Safdar petitioner alongwith Mokha and 7 others have been nominated as accused persons in a case registered against them vide first information report No. 175 registered on the 29th of July, 1994, at Police Station Garh of Faisalabad District under sections 148/302/324/338-A(ii)/337-F/337-L(ii)/149 read with section 109 P.C.C. Regarding an occurrence which took place on the 28th of July, 1994, at 7.30 p.m. In the area of Chak No. 545/G.B. Which is at a distance of about 5 miles from Police Station Garh of Faisalabad District.
2. The first information report was lodged on the next day i.e. The 29th of July, 1994, at 9.30 a.m. By Muhammad Ashraf brother of Muhammad Aslam deceased aged about 35 years who died in the District Headquarter Hospital of Faisalabad on the 31st of July, 1994.
3. Safdar petitioner was arrested on the 21st of September, 1994, and is in jail eversince.
4. Learned counsel for the petitioners states at the bar that Mokha petitioner No. 2 has already been granted bail by a learned Additional Sessions Judge of Faisalabad vide order dated the 14th of June, 1995, and, therefore, submits that the petition qua Mokha be disposed of as having been withdrawn. This petition is, therefore, disposed of as withdrawn as far as Mokha petitioner is concerned.
5. Learned counsel for Safdar petitioner submits that Safdar is also entitled to be granted bail because the first information report has been lodged after a delay of 14 hours for which there is no plausible explanation, that no specific injury has been attributed to Safdar, that Safdar petitioner had no motive and finally there was no intention to kill.
6. All these contentions will, I am sure, be considered by trial Court after recording of evidence. I am informed by the learned counsel for the State that the Challan has been submitted in Court since the 29th of October, 1994, and that the case is now set for trial.
7. I am restraining from making any observation whatsoever lest it prejudices the case of either party. However, I find it difficult at this stage to say that reasonable grounds to believe that the petitioner is guilty of an offence punishable with death or imprisonment for life do not exist.
8. Resultantly, this petition is dismissed.