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Criminal Miscellaneous No. 561 /B of 1975, decided on 10th April 1975

S. 497‑Challan in case extremely delayed and no serious efforts made either by Police or Enquiry Magistrate to finalize enquiry-- Petitioner, accused of murder, an old man of 60 and in Jail for last 16 months‑‑Bail allowed, in circumstances.‑[Bail].

Azhar Hafeez for Petitioners.

Ch. Moeenud Din for the State.

The two petitioners alongwith two other co‑accused are facing enquiry for commission of double murder of Barkat Ali and Abbad Khan. Riaz the co‑accused of the petitioners was armed with a pistol, while Ali Akbar bad a spear aged Sadiq a dang. Riaz Ahmed fired hitting Abbad Khan. Thereafter the accused are said to have caused injuries to both the deceased: persons. The occurrence took place on 16‑12‑1973 and Sadiq petitioner was arrested on 19‑12‑1973. The police took about nine months to file the challan in the Court, The case appears to have been dealt with in a leisurely manner and I find from the report of the learned Magistrate that from 7‑9‑1974 till 22.9‑1974 the accused were not produced in the Court. They were not produced on 9‑10‑1974, 14‑10‑1974 30‑12‑1 974 and 1‑1‑1975. The evidence of three witnesses was recorded on 6th February, 1975 and the other three witnesses were examined on 12‑2‑1975.

2. The main ground raised in this case is that of delay. It is submitted that the accused have now been in Jail for about 16 months and were not produced in Court on a number of occasions. It is further submitted that Sadiq is an old man of about 60 years of age and the allegation that he caused dang injuries to the two deceased persons is not fully borne out by the medical evidence.

3. The learned counsel points out that Barkat deceased had an abrasion on his right ankle measuring 3/5" and 1/2" and Abbad had an abrasion can left hand measuring 3/4" and 1/2". The learned counsel submits that these injuries could not have been inflicted by Bang and could have been caused by friction or some other cause during the incident. The facts of this case indicate that a concerted attack was made on the two deceased persons. The weapons with which the accused were armed appear to have been used. I am not called upon to finally say her whether the injuries attributed to Sadiq could or could not have been caused by dang but in view of the fact that he is stated to be of age and was not produced from Jail of about 7 or 8 hearings, I direct that he shall be released on bail in the sum o Rs. 10,000 with one surety in the like amount to the satisfaction of the Inquiry Magistrate. The petition of Ali Akbar is dismissed.

4. I find that the challan in this case was extremely delayed and there are indications that there was no serious effort either on the part of the Police or the learned Magistrate to finalise this inquiry within a reason able time. I direct the learned Magistrate to charge the Investigating Officer concerned personally with the duty of the service of the Superintendent Police. If necessary he may issue service process for the presence of the Witness I shall like to have a report from him after three months.

Petition allowed.

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