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QAMAR YUSAF versus THE STATE


The Criminal Code of Conduct (CRPC) Section 497 bail has not begun and the trial has not started for the last two years.

1982 P Cr. L J 1097 (1)

[Lahore]

Before Muhammad Rafiq Tarar, J

QAMAR YUSAF-Petitioner

versus

THE STATE-Respondent

Criminal Miscellaneous No. 2749-B of 1981, decided on 20th October, 1981.

Criminal Procedure Code (V of 1898) ----

--- S. 497---Bail-Petitioner in Jail for last two years and trial not -commenced---Co-accused also granted bail by Sessions Judge-Bail allowed to accused.

Tahir Qureshi for Petitioner.

Arshad Mahmud for the State.

ORDER

Qamar Yusuf petitioner who alongwith others is involved in a case under sections 148, 324, 307 and 302/149, P. P. C., has moved this petition for bail. The sole ground urged for bail is that the petitioner was arrested more than two years back and his trial has not commenced so far.

2. A perusal of the record shows that the petitioner was arrested on 4th September, 1979. This fact also finds mention in the order, dated 12th September, 1981, of the learned Additional Sessions Judge, Faisalabad, passed on the bail application filed by the petitioner and his co-accused Muhammad Yunus and Ghulam Farid. Curiously enough subsequently he observed in that very order that Muhammad Yunus and Ghulam Farid had completed two years but Qamar Yusuf bad not. There is no dispute that the trial has not commenced so far. In the circumstances, I admit th petitioner to bail in the sum of Rs. 20,000 with two surties in the like amount to the satisfaction of Assistant Commissioner, Faisalabad.

Bail granted.

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