' Petitioner is one of the accused in case F.I.R. No,52, dated 1-3-1998 under sections 302, 427, 324, 148, 149 and 109, P.P.C. Registered at Police Station Garh Maharaja, District Jhang at the instance of Wajid Ali Khan, complainant. Three persons namely Haji Amjad Ali, Safdar Ali and Mumtaz Khan lost their lives in the incident, Ghazanfar Abbas was injured. Mumtaz Ali Khan petitioner was involved in the case on the ground that he had confederated, conspired and abetted his co-accused in the commission of offence.
2. Petitioner was allowed bail by the trial Court. On the motion of complainant to the petitioner was cancelled and he was taken into custody.
3. Petitioner seeks post-arrest bail and it has been submitted on his behalf that he was aged about 70 years and suffered from heart ailment for a considerable period of time and deserved the concession of bail on the aforesaid grounds. Learned counsel for the complainant on the other hand opposed the prayer made by the petitioner. It was contended that petitioner was the master mind behind the incident, had criminal antecedents and was likely to tamper with the evidence if released on bail.
4. Learned counsel for the petitioner at this stage submitted that petitioner would be willing to post bail bond for a heavy amount in order to ensure his bona fides in the matter.
5. The petitioner is aged about 70 years and is suffering from heart ailment as well and for the aforesaid factors we are inclined to release him on bail subject to furnishing bail bonds in the sum of Rs,5 lacs with two sureties each in the like amount to the satisfaction of trial Court. The trial Court shall ascertain the antecedents of prospective sureties and shall accept bonds from persons who would be in a position to produce the petitioner in trial Court when required for the purpose of trial.
The office shall also remit the copy of order, dated 27-10-2000 passed in Niamat etc. v. State (Criminal Revision Petition No,425 of 1999), to the trial Court. The trial Court shall obtain undertaking from the prospective sureties in terms indicated in the aforesaid order, as well.
6. Learned counsel for complainant also prayed that a time frame be provided for conclusion of trial as the accused were hampering with , the smooth progress of the trial. The prayer has not been opposed to from the side of the petitioner. The trial Court shall conclude the trial within six months from today. The trial Court shall be at liberty to take appropriate penal measures against the delinquent party or persons in case of their non-cooperation with the trial Court in achievement of the above objective.
7. In case the petitioner interfered with the evidence, obstructed the progress of trial or misconducted in any manner the trial Court shall be at liberty and shall have the power to cancel the bail being allowed to the petitioner.