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P L D 1983 Lahore 681
Before Ijaz Nisar, J
GUL MUHAMMAD AND 3 OTHERS--Petitioners
versus
THE STATE-Respondent
Criminal Miscellaneous No. 1710-B of 1983, decided on 3rd September, 1983.
Criminal Procedure Code (V of 1898)-
S. 497 (1) (a) (b)-Penal Code (XLY of 1860), Ss. 148, 302, 307, 325/109 & 149-Trial of accused not concluded within specified period-Accused, held, entitled to bail as a matter of right provided delay in trial not occasioned by an act or omission on part of accused or any person acting on his, behalf-Excluding period of adjournments sought on behalf of accused period of detention coming more than two years in offence under S. 302/149, P. P. C.-Accused ordered to be released on bail in circumstances.
Nazir Hussain v. Ziaul Haq and others 1983 S C M R 72 fol.
Khalid Ronjha, assisted by Ch. Hanif Khhatana for Petitioners.
Rushed Aziz Addl. A: G. for the State.
Raja Muhammad Anwar for the Complainant,
The petitioners have been challaned in a case under sections -148, 302, 307, 325/109 and 149, P. P. C. (F. I. R. No. 121/80, dated 30-8-1980, P. S. Shakargarh).
2. They alongwith others stand charged with the, murder of one Manzoor Ahmad and for causing injuries to Farman Ali and Nazeer Ahmad.
3. Bail is urged on the ground of delay in the completion of the trial. According to the learned counsel, the petitioners were arrested in September, 1980 and are behind the bars since then.
4. It is an admitted fact that the trial has not concluded as yet. Even if the time consumed as a result of the adjournment ,sought on behalf of the accused on various occasions is excluded, the period of their detention coma to more than two years. It is a settled proposition of law that after the amendment of section 497, Cr. P. C. if the trial of an accused is not concluded a within the specified period as mentioned in sub-clauses (a) and (b) of subsection (I) of section 497, Cr. P. C. he is entitled to bail as a matter of right provided the delay in the trial has not been occasioned by an act or omission on his part or any person acting on his behalf. Following the precedent reported as Nazir Hussain v. Ziaul Haq and others (1983 S C M R 72), admit the petitioners to bail in the sum of Rs. 15,000 (Rupees fifteen thousand only) each with two sureties each in the like amount to the satisfaction of the learned Sessions Judge, Sialkot.
M.A.K.
Bail granted.
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