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Criminal Miscellaneous No. 97-B of 1982, decided on 1st March, 1982.
--- S. 497 (1) proviso (3)-Bail of petitioner accused of offence under S. 302(307, P. P. C. pressed on grounds that 15 months have passed since arrest of petitioner and trial of case not yet started-Injuries attributed to petitioners not calling for denial of concession of bail-Bail allowed.
Rana Muhammad Bashir Khan for Petitioners.
Sh. Afzal Hussain for the State.
This order shall also dispose of Cr. Miscellaneous 96-B of 1982, as both involve similar questions of fact and law and arise out of the same occurrence.
2. Nazar Hussain P. W. lodged F. I. R. on 18th July, 1980 at 5-30 p. m. at P. S. Peoples Colony, Faislabad with regard to an occurrence taking place at 4-15 p. m. of the same day. One Abdul Qayyum had been killed and some others injured. Seven persons are named as accused in the F. I. R. while this application is being made only on behalf of two.
3. The allegation against Zaiul Haque petitioner is that he fired a shot hitting at the right cuff of Javed. According to the learned counsel for the State and the Investigating Officer this shot fractured bone thereby causing a grievous injury. As regards Abdul Wahid he is stated to have fired a shot hitting the buttock of Mohammad Amin, causing simple injury.
4. The two petitioners had been granted bail by the learned Sessions Judge on 7th March, 1981 but the same was cancelled by this Court in Cr. Miscellaneous 787-B of 1981 on merit. Therefore, the two petitioners have approached this Court once again. Their grievance now is that as about 15 months have gone by after arrest and as the trial has not as yet started they are entitled to the grant of bail under 3rd proviso to section 497 (l) of Criminal Procedure Code.
5. I sent for a report from the learned Sessions Judge, Faisalabad about the aspect of the case. According to him, the trial of this case might take place in December, 1982 or February, 1983. In this view of this matter, the petitioners are entitled to bail. The learned counsel .q for the State is not in a position to refer to any particular aspect on the basis of which this statutory concession could be denied to the petitioners. The injuries attributed to them also do not call for the denial of this concession at this stage. I, therefore, allow this application. They shall be released on their furnishing bail-bonds in the sum of Rs. 20,000 each with two sureties each in the like amount to the satisfaction of the trial Court.
Bail granted.
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