Mashooq Ali petitioner has 'sought his post-arreste bail in case F.I.R. No, 148 registered at Police Station Chowk Azam District Layyah on 8-6-2001 for offences under section 324/337-A(ii)/337- L(ii)/34, r.P.C.
2. The petitioner was arrested in this case on 10-6-2001 and is in the judicial lockup since then.
3. The precise allegation against the petitioner is that he caused repeated injuries with his hatchet on the head of Munir Ahmad, P.W.
4. The learned counsel for the petitioner has contended that despite a lapse of more than one year since the arrest of the petitioner not a single witness has been recorded so far and that the prosecution was wilfully adopting the delaying tactics to keep the petitioner in jail for maximum time. The learned counsel appearing on behalf of the State has argued that the petitioner has caused repeated injuries on the person of Munir Ahmad, P.W. with hatchet, therefore, did not deserve to be admitted to bail.
5. I have heard the learned counsel for the parties and have also gone through the record of the case. It has been noticed that the petitioner was arrested in this case more than a year ago on 10- 6-2001 and yet not a single witness has been recorded. On the last date of hearing the Court was informed that the injured P.W. had left for Saudi Arabia to earn his living and, therefore, there was no likelihood of conclusion of the trial in near future. The Police Officer present with the record and directed to verify the afore-referred fact. He has made a statement before this Court today that indeed Munir Ahmad, injured P.W., had. left for Saudi Arabia and his date of return was not known. A perusal of the order passed by the learned trial Court on 27-6-2002, a copy of which has been placed on record, reveals that none of the prosecution witnesses attended the Court. Nobody can be detained in jail for unlimited period. Therefore, I am inclined to admit the petitioner to bail subject to his furnishing bail bond in the sum of Rs,1,00,000 (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.