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Criminal -Miscellaneous No. 323/B of.1978, decided on 25th February 1978.
--- S. 498-Bail-Petitioner accused absconding not in case in hand but in another case-Bail allowed in circumstances of case.
Muhammad Iqbal for Petitioner.
Muhammad Sultan Khan for the State.
This is a petition for bail in a case of murder, registered at Police Station, Chunran on 8th March, 1973. The two co-accused Yasin and Mohy-ud-Din were granted bail by Ata Ullah Sajjad, J. in Criminal Misc. No. 2550/B/1973 on 9th July 1973 by a detailed order. Muhammad Akbar and Muhammad Saqlain were granted bail vide Criminal Miscellaneous No. 262/B/1974 by an order of this Court dated 28th February 1974, on account of inordinate delay and lethargic attitude of production of witnesses by the prosecution, reported by the Magistrate who was seized o f the commitment proceedings. At that time on certain occasions the accused were not brought before the Magistrate and some times the Magistrate was on leave. On account of the amendment in the Criminal Procedure Code the case now stands transferred to the Sessions Court for trial, but no date has been fixed. The allegations against the other accused are somewhat similar and Asghar, who was named as assailant of Hakim Ali, has died. The petitioner and other co-accused, who are alleged to have been armed with rifle and guns fired at Muhammad Hussain P. W. Since the other co-accused have been granted bail and the petitioner has been in Jail for the last almost four years and there is no likelihood of an early trial he is entitled to the privilege of bail.
2. Learned counsel for the State opposed the bail on the ground that the petitioner has absconded for a year. There is no definite finding about the abscondence of the petitioner. It -is argued by the learned counsel for the petitioner that the petitioner was formally arrested in this case and he had absconded in another case and that it cannot stand in his way. After hearing arguments of learned counsel for the parties, I grant bail to the petitioner provided he furnishes adequate security in the sum of rupees ten thousand with one surety in the like amount to the satisfaction of Assistant Commissioner, Kasur.
Bail granted.
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