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Criminal Miscellaneous No.18‑R of 1984 in Criminal Appeal No.2 of 1982, decided on 27th March 1984.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S.497‑‑Penal Code (XLV of 1860), 5.302. 323/34‑‑Bail‑‑Accused petitioners tried and convicted for offences under S.302/323/34 but acquitted by High Court‑‑Leave to appeal against acquittal having been granted by Supreme Court, accused arrested soon after‑‑Period of two years having passed, appeal of accused not yet coming up for hearing‑‑Delay of two years in disposal of appeal‑‑Held, entitles accused to grant of bail‑‑Bail granted.

Ejaz Khan, Advocate‑on‑Record (absent) for Appellant. Ch. Muhammad Saleem, Advocate Supreme Court for Respondents.

K.E. Bhatti, Advocate Supreme Court for the State.

Date of hearing: 27th March, 1984.

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‑‑ The applicants‑accused were tried and convicted for offence under section 302/323/34, P.P.C. They were, however, acquitted by the High Court. The complainant filed a petition for leave to appeal against their acquittal and leave was granted by this Court on 8‑2‑1982. Non‑bailable warrants for their arrest were issued and they were arrested soon thereafter.

Now that a period of 2 years has passed and their appeal has not yet come up for hearing, they have applied for grant of bail. We feel that 2 years' delay in the disposal of the appeal entitles them to grant of bail. They are, therefore, granted bail in the sum of Rs.20,000 each, with two sureties each, each in the like amount to the satisfaction of Assistant Commissioner, Khushab.

S.Q. Bail granted.

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