Proceedings in a Private Complaint

PLJ 2014 Cr.C. (Lahore) 418
[Multan Bench Multan]

Present: Ibad-ur-Rehman Lodhi, J.

NASIR--Petitioner

versus

STATE and another--Respondents

Crl. Misc. No. 3610-B of 2013, decided on 26.9.2013.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 91--In private complaint, after summoning accused, trial Court has proceeded with trial and by such act, proceedings in challan case have naturally become dormant--Future proceedings with regard to attendance of accused persons would be regulated under Section 91, Cr.P.C. in complaint case and there is no justification to withhold concession of bail in challan case which, has become dormant--Bail was allowed.     [P. 419] A

Rana Muhammad Asif Saeed, Advocate for Petitioner.

Ch. Muhammad Akbar, Deputy Prosecutor General Punjab for State.

Mian Qayyum Nawaz Meo, Advocate for Complainant.

Date of hearing: 26.9.2013.

Order

Nasir-petitioner seeks post-arrest bail in case FIR No. 120, dated 9.05.2011 offences under Section 324/34, PPC registered at Police Station Makdhum Pur, District Khanewal.

2.  In the challan case, there was an allegation of indiscriminate firing by the petitioner. On 17.05.2013, a direction was issued to the learned trial Court for expeditious trial and conclusion of the same within a period of one month in Criminal Miscellaneous No. 13-B of 2013. Neither the trial of challan could have been concluded in the said time nor there are any chances of its conclusion on account of filing of private complaint by the complainant of the case showing his dissatisfaction with the findings arrived at in investigation in challan case. In private complaint, after summoning the accused, learned trial Court has proceeded with the trial and by such act, the proceedings in challan case have naturally become dormant. The future proceedings with regard to the attendance of the accused persons would be regulated under Section 91, Cr.P.C. in complaint case and there is no justification to withhold the concession of bail in challan case which, as noted above, has become dormant.

3.  Resultantly, this petition is allowed and the petitioner is ordered to be released on bail, subject to his furnishing bail bonds in the sum of Rs.1,00,000/- (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court.

(R.A.)  Bail allowed