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AHMAD versus STATE


Section 498 of the Code of Criminal Procedure (CCPC) was imprisoned for the last five years without trial.

1979 P Cr. L J 257

[Karachi]

Before Mushtak Ali Kazi, J

AHMAD-Applicant

versus

THE STATE-Opponent

Criminal Bail Application No. 208 of 1978, decided on 11th March, 1978.

Criminal Procedure Code (V of 1898)---

S. 498-Petitioner lodged in jail for last five years without any trial ---Delay being unconscionable regarded as abuse of process of Court ---Bail allowed, in circumstances.-[Delay-Abuse of process of Court].

Allahdino Memon for Applicant.

Zahoorul Haq, A: G. for the State.

ORDER

The only ground urged is that of delay. The incident occurred o 16-12-72. The petitioner has remained in jail for 5 years and 3 month but the trial has not even commenced. It is not known when the trial would conclude. The delay is unconsionable, and it can be regarded a abuse of the process of Court. Bail granted in the sum of Rs. 25,000 wit P. R. and two sureties each in like amount to the satisfaction 0f Additional Sessions Judge, Sanghar.

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