Zafar Iqbal complainant got recorded F.LR. No. II dated 11-1-1994 at Police Station Phool Nagar District Kasur under Article 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. According to the complainant on 11-1-1994 at 6-30 p.m. He alongwith Shahid Mahmood son of Muhammad A.I was present in his house. Five persons armed with fire-arms trespassed his house who frightened the family members and forcibly took away ornaments, 7 mm rifle, cash amount and other articles mentioned in the F.I.R. The descriptions of the accused are mentioned in the F.I.R.
2. Maqbool Ahmad alias Kooli petitioner was arrested by the police, Police Station Phool Nagar under section 54 Criminal Procedure Code and was afterwards arrested in crime Case No.8 of 1994 registered at Police Station Phool Nagar. On 13-3-1994 Maqbool Ahmad alias Kooli petitioner- accused was also arrested in this case F.1.R. No. II of 1994. This petitioner was sent to the judicial lock-up and the identification parade was conducted on 19-3-1994. Both Zafar Iqbal complainant and Shahid Mahmood P.W. Identified this petitioner. The bail application of this petitioner was initially dismissed by the Court of Session and also by the Lahore High Court, Lahore on 12-2-1995.
Thereafter this petitioner filed an application for his admission to bail on statutory ground and the same was dismissed on 1-2-1996 by the Additional Sessions Judge, Pattoke with the observation that he is a hardened, desperate or dangerous criminal. It is, however, mentioned in the said order that the challan of the case has been submitted and the trial shall commence shortly. Through the making of this petition Maqbool Ahmad alias Kooli petitioner-accused is desirous to be admitted to bail.
3. I have heard the learned counsel for the petitioner as well as the learned State counsel and gone through the record before me. The police was directed to submit the list of the cases registered against this petitioner. From 15-2-1988 to 10-4-1994 in all 12 cases have been registered. Out of the said cases 6 cases have been registered under section 13 of the Arms Ordinance, 1965. Three cases have been registered under section 380/411, P.P.C. One case has been registered under section 380/411, P.P.C. One case has been registered under section 392, Pakistan Penal Code. The case in hand is the last case. The five certified copies of judgments in five cases have been submitted on behalf of the petitioner which have projected that in 3 cases under Arms Ordinance, 1965 this petitioner was acquitted. In one case registered under section 411/380, Pakistan Penal Code this petitioner was acquitted and in one case registered under section 457/411/380, P.P.C. This petitioner was acquitted.
4. The important aspect of the matter is that on behalf of the prosecution i.e. The State at present no copy of the judgment making out the conviction of this petitioner-accused has been produced.
It, therefore, aforesaid cases against petitioner cannot stand in the way of this Court for the purpose of the disposal of this bail application on judicial considerations. Mere registration of some cases against a person would not make him a hardened, desperate or dangerous criminal within the purview of proviso IV to subsection 1 of section 497, Cr.P.C. So as to make him disentitled to the legal benefit contained under proviso III to subsection 1 of section 497, Cr.P.C. According to which an accused of any offence not punishable with death is entitled to be admitted to bail if his continuous period of detention exceeds one year. In the instant matter this petitioner was arrested on 13-3-1994. Today is 13-8-1996. There is no exceptional circumstances in favour of the prosecution to make me agree with the learned Additional Sessions Judge as well as the learned State counsel that this petitioner is not entitled to reap the legal benefit of the aforesaid 'provisions of law. Consequently I hold that on the statutory ground of his continuous detention for over a period of one year since 13-3-1994, especially when the trial has not started, this petitioner is entitled to be admitted to bail.
5. I, therefore, accept this application and admit Maqbool Ahmad alias Kooli petitioner-accused to bail in the sum of Rs.50,000 (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the learned Additional Sessions Judge Pattoke, District Kasur with the direction to appear before the trial Court on every date of hearing as and when required failing which his bail may be cancelled by the trial Court.
Copy dasti subject to payment of usual charges, if any.