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Criminal Miscellaneous No. 1850/8 of 1982, decided on 2nd August, 1982.
------S. 497, proviso third-Bail, grant of-Murder-case-Statutory period of two years as laid down in third proviso to S. 497, Cr. P. C. elapsed yet trial not concluded-Accused, held, entitled to bail irrespective of any other consideration-Bail allowed.
Ch. M hammad Hanif for Petitioner.
Ch. M. Latif for the State.
This is an application for bail on behalf of Iftikhar Ahmad in a case under section 302/307/34, P. P. C., registered at P. S. Baghbanpura, vide F. I. R. No. 464, dated 20th October, 1979.
2. The prosecution case is that the petitioner and his co-accused in furtherance of their common intention caused the death of Ghulam Jilani on 30th December, 1979 at 7-30 p. m. in the area of Gujjarpura Road of P. S. Baghbanpura.
3. The learned counsel for the petitioner submits that the petitioner was arrested on 22nd December, 1979 and although the statutory period has elapsed yet the trial has not concluded. The learned counsel for the State has opposed this application on the ground that the petitioner was proclaimed offender and he is also required in other criminal cases. The learned State counsel has however frankly admitted that the delay in the trial has not been caused by the petitioner or by someone else on his behalf.
4. I am of the opinion that speedy trial is a well-recognize right of an accused person and if there is delay specially a statutory] delay then an accused-person irrespective of the fact whether he was absconder or he is required in other cases would be justified in asking for bail. He is, therefore, allowed bail in the sum of Rs. .20,000 with one surety in the like amount to the satisfaction of A. C., Lahore.
Bail granted.
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