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Criminal Bail Application No. 641 of 1985, decided on 12th June, 1985.
‑‑‑S. 497, proviso (3)‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)‑Allegation of robbery‑ Accused a dangerous criminal‑‑Bail‑‑Delay of more than one year in trial‑‑Bail already rejected by High Court‑‑High Court refused to interfere with order of trial Court rejecting bail to accused in circumstances‑‑Trial Court, however, advised to expedite trial and send progress report in that behalf to High Court.
Attaullah Khan for Applicant.
Abdul Ghafoor Mangi, A.A.‑G. for the State.
The applicant Muhammad Bashir is charged for the Offences under section 17(3) Enforcement of Hudood Ordinance 1979. His bail application was rejected by the Chief Justice on 19th April, 1984 on merits. This bail application has been pressed on the ground of delay in the trial and Mr. Attaullah has cited 1985 P Cr. L J 958. It is contended that applicant was arrested on 17‑3‑1984 and trial has not yet concluded. Therefore, he is entitled to bail.
Mr. Abdul Ghafoor Mangi, the learned A.A.‑G. has opposed the bail application and stated that applicant is a dangerous criminal and he cannot get the benefit of proviso of 3 section 497, Cr. P. C.
The applicant does not deserve bail on merits as his bail application has already been rejected twice.
The learned Xth Aditional Sessions Judge, Karachi in his order on 18th May, 1985 has observed that accused is a dangerous criminal and belongs to a gang of criminals. The allegation against the applicant is that of robbery in the city. I do not like to interfere with the order of the learned Xth Additional Sessions Judge, Karachi rejecting the. bail application and in view of the amendments in proviso 3 of section 497, Cr. P. C. the applicant is not entitled to bail. His bail application is dismissed. However I invite the attention of the trial Court to order passed by the learned Chief Justice in which direction was given to the trial Court to examine complainant Muhammad Hanif within four months. It appears that no progress has been made. The trial Court is directed to proceed this case and conclude the trial within three months and send progress report after every fortnight.
M.B.A. Application rejected.
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