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AKBAR ALIAS GBULAM AKBAR versus STATE


Criminal Procedure Code (CCPC) Section 497 (1) (B) Appeal Code (XLV of 1860), Section 302 bail, applicant delayed in trial for more than two years But only the doctor inspected, not even the accused, the three witnesses of the prosecution swore their affidavit that the applicant was dangerous and frustrated, but before the court saying that there was no dangerous or guaranteed role before the murder. Nor was the conviction in any other case but rather had a good moral character at the time of the incident, which, in the circumstances, guaranteed as a matter of fact. Entitled to be released

1984 P Cr. L J 3163

[Karachi]

Before Abdul Razak A. Thahim, J

AKBAR alias GHULAM AKBAR--Appellant

Versus

THE STATE-Respondent.

Criminal Bail Application No. 532 of 1984, decided on 26th June, 1984.

Criminal Procedure Code (V of 1898)--

--- S. 497 (1) (b)-Penal Code (XLV of 1860), S. 302-Bail, grant of-Delay in trial--Petitioner continuously remaining in jail for over two years but only doctor examined while accused not seeking even a single adjournment throughout-Three prosecution witnesses swearing their affidavits that petitioner dangerous and desperate but stating before Court that prior to murder be was not dangerous or bail character nor ever convicted in any other case rather having a good moral character till time of incident-Petitioner, held, entitled to be released on bail as a matter of right, in circumstances.

1980 S C M R 203 ; P L D 1982 Kar. 965 ; 1984 P Cr. L J 626 and 1983 S C M R 427 ref.

Asif Ahmed Jafri for Appellant.

M. Y. Memon, Asstt. A.-G. for the State.

A. Q. Halepota for the Complainant.

Dates of hearin : 17th and 18th June, 1984.

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