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Criminal Miscellaneous No. 405/B of 1977, decided on 21st February 1977.
‑‑ S. 497‑Delay‑Trial proceeding leisurely and in over a year's time statement of only one witness and two formal witnesses recorded-- Complainant, victim of murderous assault, not appearing in Court and two eye‑witnesses yet to be examined Held, no justification for keeping petitioner in jail for such a long period‑Petitioner admitted to bail, in circumstances.
Syed Sikandar Bakhat for Petitioner.
Mahmood Hassan for the State.
Bail has been urged on the ground that the petitioner is in jail for the last one year and two months and the statements of only one eye‑witness (mother of the complainant) and two formal witnesses have been recorded so far. It has been further pointed out that even the complainant has not appeared in Court.
2. The case was registered on the statement of Mst. Nasim Akhtar. According to her, the petitioner had inflicted her injuries on the arm and abdomen with knife. She was medically examined on 24‑11‑1975. Seven injuries were‑found on her person. Injury No. 7, which was on the abdomen was found grievous in nature. Three injuries were kept under observation. Mst. Nasim Akhtar was in serious condition. The petitioner was arrested on 28‑11‑1975. Challan was submitted in Court on 30‑11‑1975. For nearly one year, no witness turned up in Court and the statement of Mst. Haleeman (mother of Mst. Nasim Akhtar complainant) was recorded on 7‑10‑1976. Subsequently, statements of two formal witnesses recorded. Even the complainant has not appeared in Court. Statements of two other eye witnesses, namely, Abdul Jabbar and Master Yaqoob Ali are yet to be recorded. There is no justification for keeping the accused in Jail for such a long period. The trial is proceeding leisurely. Every accused is entitled to speedy justice. I have considered the injuries inflicted to Mst. Nasim Akhtar but taking into consideration the inordinate delay, I allow bail to the petitioner in the sum of Rs. 5,000 with one surety in the like amount to the satisfaction of the trial Court
Bail allowed.
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