Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 186,324,353,399,401

Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.324, 353, 399, 401 & 186---Attempt to commit Qatl-i-amd, assault, criminal force, preparation to commit dacoity--Bail, grant of---No one was injured during the alleged occurrence, no crime empty was recovered from the spot, though allegations of cross-firing were levelled---Accused was in jail for the last more than eleven months and there was no likelihood of the conclusion of trial in near future due to non-availability of co-accused who was facing trial in the other Province---Early conclusion of the trial was a right of every accused who could not be allowed to languish in jail without trial---Accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: M.A. ZAFAR, J.--- Syed Rasheed Shah, petitioner seeks post arrest bail in case F.I.R. No.190/07, dated 30-10-2007 for the offence under sections 186, 324, 353, 399, 401, P.P.C. registered with Police Station Jhand, District Attock at the instance of Muhammad Amir, Inspector. 2. As per allegation on 30-10-2007 at about 6-15 a.m. Ameer Khan, Inspector along with other police officials were present at Railway Crossing Jhand, a while colour car was intercepted on spy information that persons travelling on the said case are likely to commit dacoity, the said car was chased by the police party and the petitioner and other co-accused tried to escape but thereafter, they stopped the car, came out of the same and started firing on the police party. It is also in the F.I.R. that the members of the police party also fired eight rounds in the air, petitioner and his other two companions were allegedly apprehended at the spot and at the time of the arrest .12-bore pistol with magazine etc. were recovered for the possession of the petitioner. 3. After the rejection of bail applications from the lower Courts the petitioner applied for bail in this Court and without discussing the merits of the case vide order dated 9-4-2008 passed in Crl. Misc. No.268-B of 2008, it was directed to the learned Trial Court to take all steps to conclude the trial within the period of two months from the receipt of copy of the order with further…

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