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Criminal Bail Application No. 1 of 1979, decided on 23^rd January, 1979.

------S. 497-Petitioner suffering from diabetes mellitis requiring constant care and special type of diet, possibly not available in Jail- Although more than one and a half years elapse yet trial not started nor prospect of its starting in near future in sight-Bail allowed, in circumstances.

Abdul Hameed v. The State 1978 S C M R 191 ; Riyasat Ali v. The State P L D 1977 S C 480 and Sher Zaman v. The State 1974 SCMR 248 ref.

Muhammad Hayat Junejo for Applicants.

Mazar Hasan Ali, Asstt. A.-G. for the State.

The applicants Abdul Hameed and Rashidullah alongwith four others are accused in a case under sections 302/149, 147, 148, P.P.C. and 13-D, Arms Ordinance, pending in the Court of Sessions Khairpur. The case set up against the accused in the F.I.R. was that on 23-6-1971 they being variously armed went to the Otak' of Kazi Abdullah deceased and called him out and thereafter applicant Abdul Hameed fired on the arm of deceased Kazi Abdullah and Rashidullah fired on his stomach resulting in his death. Out of the remaining accused Zabiullah and Sibqatullah fired from their revolvers in the air while accused Kifayatullah and Hameedullah brandished their hatchets in the air. The motive of the alleged crime was their disputes over management of a madrassah The last named 4 accused were granted bail by this Court on 5-3-1978 The present applicants have now applied for bail.

Mr. Hayat Junejo, learned counsel for the applicants does not press bail for applicant Rashidullah and presses it only for applicant Abdul Hameed. The learned counsel contended that applicant Abdul Hameed was suffering from old Diabetese Mellitis which decease needs constant care and special type of diet which the applicant cannot possibly get it jail and he is therefore entitled to be released on bail, being a sick per or within the meaning of proviso to section 497, Cr. P.C. Learned counsel next contended that although more than one and a half years have passed the trial has not yet started and there are no prospects of its starting it the near future and as such on the ground of delay also applicant Abdul Hameed is entitled to bail. In support of his contention the learned counsel has relied on the decision of their Lordships of the Supreme Court reported in 1978 S C M R 191 and an unreported order of the Supreme Court passed in Petition No. K-10 of 1978 Abdul Hameed v The State and for the second contention the learned counsel relied or Riasat All v. The State (PLD 1977 SC 480) which was referred to by their Lordship; of the Supreme Court in Sher Zaman v. The State (1978 SCMR 248.). Mr. Mazhar Hasan Ali learned Assistant Advocate-General stated that in view of the sickness of the applicant Abdul Hameed and the afore cited cases, he has no objection to applicant Abdul Hameed being released on bail.

In view of the concession made by the learned Assistant Advocate General, the applicant Abdul Hameed is granted bail in the sum of Rs. 20,000 with one surety and P. R. to the like amount to the satisfaction of the trial Court. The bail application of Rashidullah stand dismissed.

Petition allowed.

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