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Criminal Petition for Special Leave to Appeal No. 23 of 1972, decided on 10th May 1972.
(On appeal from the order of the Lahore High Court at Lahore, dated the 22nd December 1971, in Criminal Miscellaneous No. 1833 of 1971).
Criminal Procedure Code (V of 1898),
S. 497‑Bail in non- bailable offence‑Under‑ trial prisoners, including those charged with capital offence, cannot be kept in jail without trial for inordinately long‑period Without satisfactory explanation or reason‑High Court, held, right in ranting bail to such udder‑trial prisoners accused of murder‑Penal Code (XLV of 1860), S. 302.
S. M. Masud, Advocate Supreme Court instructed by Rana Maqbool Ahmad, Advocate‑on‑Record for Petitioner.
Nur Ahmad Khan, Advocate Supreme Court instructed by Sh. Masud Akhtar, Advocate‑on‑Record for Respondents Nos. 1 to 4.
Nemo for the State.
Date of hearing : 10th May 1972.
The petitioner is aggrieved by the order of a learned Single Judge of the Lahore High Court, whereby the respondents who were charged for the murder of the peti tioner's brothers, Shera and Kamir, were granted bail by him. The learned Single Judge in the High Court has granted bail to them principally on the ground that in spite of the repeated orders by the High Court made first on the 30th of July 1970, and then on the 30th of April 1971, no concrete steps have been taken to finalise the inquiry, with the result that the respondents are in jail since the 6th of July 1969.
It is not the intention of the law to keep under‑trial prisoners, including those charged with capital offences without trial for inordinately long periods without any satisfactory explanation or reason to justify that action. We do not see any valid ground for interference with the discretion exercised by the learned Single Judge in the High Court in this matter. If, however, on the conclusion of the inquiry, the learned Magistrate finds that it is a case for commitment, the bail allowed to the respondents can be cancelled and they can be committed to custody.
With these observations, this petition is dismissed.
Leave refused.
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