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Criminal Miscellaneous No. 1972-B of 1982, decided on 3rd August, 1982.
---S. 497-Bail. grunt of--Petitioner, accused of murderous assault, continuously in Jail for over one year, yet trial not concluded and petitioner or someone else on his behalf not responsible for such delay-Mere direction of Sessions Judge to trial Court to dispose of petition within two months, held, not a good ground for refusing bail to petitioner-Petitioner allowed bail by giving benefit of cl. (a) to proviso III of S. 497, Cr. P. C., in circumstances.-[Delay].
Muhammad Asif Jan for Petitioner.
Kh. Muhammad Asghar for the State.
This is an application for bail on behalf of Rehmat petitioner in a case under section 325/307/148/149, P. P. C. registered at folic Station Mustafa vide F. I. R. No. 149, dated 6-7-1981.
2. The prosecution case is that the petitioner inflicted one blow on the head of the victim with an iron -rod and as such caused a grievous injury to him.
3. Learned counsel for the petitioner states that the earlier application tiled by the petitioner was dismissed on 18-9-1981 and now he prays for bail on the ground of statutory delay. The learned counsel for the State has opposed this application on the ground that the learned Sessions Judge has given direction to the Magistrate to dispose of the application within two months.
4. After hearing the learned counsel for the parties, I find that the petitioner was arrested on 8-7-1981 (as stated by the learned counsel for the petitioner) and although the statutory period has passed yet the trial has no been concluded. There is nothing on the record to show that this delay was caused by the petitioner or by someone else on his behalf. I am of the considered opinion that mere fact that the learned Sessions Judge has give a direction to the trial Court to dispose of the petition within two month is not a good ground for refusing bail to the petitioner who otherwise ha earned bail on account of statutory delay. The petitioner is, therefore, allowed bail in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of A. C/Duty Magistrate, Kasur.
Bail granted
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