' This is a revision petition filed against the order, dated 20-7-1999 of the learned Sessions Judge/Special Judge, Mardan, whereby the accused undertrial, namely, Khawaja Muhammad, Inamullah and Akbarullah on charges under sections 302/324/109/148/ 149, P.P.C., with reference to F.I.R. No,816, dated 21-7-1997 of Police Station "A" Division, Mardan, were released under section 249, Cr.P.C. (without pronouncing judgment) on bail with the undertaking that they will attend the Court and face the trial as and when required.;
2. This revision is based on the ground that during trial the prosecution had failed to produce the eye-witnesses because to the hard luck of the prosecution, the witnesses had become absconders. That now the prosecution and the complainant party is in a position to produce the witnesses.
3. If the above is the latest position, the prosecution should not feel handicapped because the accused undertrial had only been released under section 249, Cr.P.C. On bail and never acquitted under section 249-A, Cr.P.C. If the circumstances are favourable enough, the prosecution or the complainant party can always resort to the trial Court for the revival of the trial which can commence from the stage it was discontinued. With remarks that the prosecution should resort to the trial Court, the instant revision is hereby dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.