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Criminal Bail Application No. 919 of 1982, decided on 10th January, 1983.
-- S. 497-Penal Code (XL V of 1860), S. 302-Bail, grant of [Murder-case]-After having been stabbed deceased raising cries and naming accused as his assailant-Immediately after occurrence accused also seen by witnesses moving away from scene of crime Prosecution also relying on evidence of recovery of blood-stained weapon as well as blood-stained clothes of accused-Bail declined, in circumstances.
---- S. 497-Penal Code (XLV of 1860), S. 302-Bail, grant of [Murder-case]-Medical certificate not conclusive on point regarding sickness nor showing disease as dangerous to life-Bail declined, in circumstances.
Masood Shahreyar for Petitioner.
Sattar A. Shaikh, Addl. A.-G. for the State.
The learned Advocate-General requested for time to obtain police papers: Since three opportunities had been given, I am not inclined to adjourn this matter.
The applicant is standing trial for murder. On a reading of the First Information Report it is clear that immediately after the deceased was stabbed he raised cries stating that the applicant had stabbed him. At that moment the eye-witnesses had seen the applicant moving away from the scene of occurrence. Mr. Masood hag further stated that the prosecution was relying on the evidence of recovery of blood-stained weapon and blood-stained clothes of the applicant. It would thus appear that there was evidence which would need to be appreciated at the trial. It cannot be said that this was a case of. no evidence. If such pieces of evidence are believed the same could result in conviction. On merits I am of the view that the applicant does not deserve bail.
It has been contended before me that this case has been pending since before 20 months. No doubt the delay is not commendable. In the circum stance I direct the learned trial Judge to proceed with the case expeditiously and conclude the trial within nine months from today. Compliance shall be reported to this Court.
It was next contended that the applicant was suffering from kidney Tuberculosis. The medical certificate produced is not conclusive on the point regarding sickness nor does it show that the disease is dangerous to life. The order of the learned Additional Sessions Judge also does no B indicate if the point of ill-health of the applicant was pressed before the trial Court. I would however, leave it open to the trial Court to consider the question of bail in case evidence was placed before it to show that the life of the applicant was in danger.
Subject to the above observation this application is dismissed.
S. G. D. Ball application rejected.
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