M. JAVED BUTTAR, J.- The petitioner Muhammad Ismail is seeking post-arrest bail in case FIR No. 459/97 dated 26.10.1997 registered at Police Station Sadar D.G. Khan under Sections 302/377/34 PPC read with section 12 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at the instance of complainant Bashir Ahmad for an occurrence dated 21.5.1997 in which Kaleem Ullah aged 17/18 years, son of the complainant, got killed.
2. The petitioner was arrested on 21.11.1997. His application for the grant of bail was dismissed by the Sessions Judge, D.G. Khan on 13.2.1998, co- accused Abdul Ghafoor was declared innocent by the police and challan was submitted against the petitioner and co-accused Fida Hussain. However, the trial C Court summoned Abdul Ghafoor as accused to face the trial.
3. The petitioner's previous application for the grant of post-arrest bail and of the co-accused Fida Hussain (Crl. Misc. No. 349-B/98) was dismissed by his Court on merits on 22.6.1998.
4. I have heard the learned counsel for the petitioner, the State, the complainant and have also seen the record.
5. It is contended by the learned counsel for the petitioner that there is no likelihood of the conclusion of the trial in near future as on the petition find by co- accused Abdul Ghafoor challenging the jurisdiction of Anti-Terrorism Court, D.G. Khan, the Honourable Supreme Court has stayed the proceedings in the trial and the jurisdiction of the said Court is yet to be determined.
The contentions have been opposed.
6. On the fresh ground, being raised of the stay of trial proceedings by the honourable Supreme Court, the bail petition (Crl. Misc. No. 2156-B/98) of the co- accused Fida Hussain was dismissed by this Court on 4.2.1999 holding that "although, the proceedings in the trial Court have since been stayed by the honourable Supreme Court, but, it does not mean that the petitioner has become entitled to the concession of bail, especially when the statutory period has not yet lapsed. The petitioner is charged with a heinous offence which falls within the prohibitory clause of Section 497 Cr.P.C. There is sufficient material against the petitioner in the form of his own extra judicial confession, last seen evidence and the recoveries to connect him with the present case. In these circumstances, I am of the opinion that no convincing ground has been advanced to justify the grant of bail, rather there are reasonable grounds to believe that the petitioner is involved in the offence charged against him and is not entitled to the concession of bail. Resultantly, this petition has no merit and is accordingly dismissed." The present petitioner's case is absolutely similar to that of the co-accused Fida Hussain and for the above mentioned reasons, this petition has also no merit which is accordingly dismissed.