The petitioner was arrested on 11-7-1999 in connection with case F.I.R. No. 269 of 1999 under sections 324/34, P.P.C. Dated 8-7-1999 registered with Police Station Civil Lines, D.G. Khan. His Application for concession of bail was rejected by the Additional District Judge, D.G. Khan, on 29-3-2000.
2. Heard.,
3. For the petitioner it is inter alia contended that the offences charged do not fall within the prohibitory clause and that the two accused were already enlarged on bail on the statement of the complainant.
4. Learned counsel for the complainant as well as the State, however, oppose the prayer on the ground that the evidence in the case has already been started and, therefore, the concession of bail cannot be allowed.
5. However, I will not agree. Learned counsel for the complainant has been successful in pointing out from the record that the evidence in the case is being prolonged due to adjournment being sought by the complainant. The fact that other co-accused was released on bail on the statement of the complainant is also not seriously controverted by the prosecution. In the facts and circumstances of the case the reliance of the learned counsel on Re: Jan A Muhammad v. Haji Noor Jamal and another (1998 SCM R 500) and Re: Karam Ilahi v. The State (PLD 1992 Peshawar 111), are pertinent and relevant. The petitioner is not a previous convict and there is no allegation of misuse of grant of concession of bail, if allowed bail. Injuries attributed to him being on non-vital part of the body, is entitled to concession of bail as prayed for.
6. Accordingly this application is allowed and the petitioner is directed to be released on bail subject to his furnishing of bail bonds in the- sum of B Rs:10,000 with one surety in the like amount