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Criminal Bail Application No. 638 of.1985, decided on 12th June, 1985.
‑‑‑S. 497, proviso (3)‑‑Penal Code (XLV of 1860), S. 390‑‑Bail‑ -Application for bail pressed on ground of delay in trial‑‑Accused in jail for more than one year‑‑Accused charged with robbery of motor‑cycle from a citizen in the heart of the city, which offence apart from being serious was normally committed by desperate criminals‑‑Accused alleged to be member of a gang which was involved in 'so many cases of identical nature‑‑Charge being serious, High Court declined to interfere in order of rejecting bail to accused in circumstances‑‑Trial Court, however, directed to expedite trial at earliest.
1985 P Cr. L J 958 and N L R 1984 Sh. C 120 ref.
Noshad Khan for Applicant.
Abdul Ghafoor Mangi, A.A.‑G. for the State.
This bail application has been filed on the ground of delay in the trial. It is contended that applicant was arrested on 20‑4‑1984 and has remained in jail for more than one year. Therefore, he is entitled to bail under proviso 3 of section 497, Cr. P. C.
The learned counsel for the applicant referred to the case,, reported in 1985 P Cr. L J 958 and N L R 1984 Sh. C 120.
Mr. Abdul Ghafoor Mangi, the learned A.A.‑G. has no objection to the grant of bail.
The case against the applicant is that of robbery of motor‑cycle, and bail was only pressed on the ground of delay before the learned Xth Additional Sessions Judge, Karachi. He has rejected the bail application on the ground that applicant is dangerous criminal as he robbed motor‑cycle from Doctor in the heart of the city and also fired A revolver shot at the complainant. The charge is serious and robberies in the heart of the city are only to be committed by desperate criminals and in view of the amendments the applicant is not entitled to bail and do not like to interfere in the discretion of the learned Xth Additional Sessions Judge by which he refused bail. It has further been pointed that bail application of Karam Khan in the same case has already been rejected and it is stated that co‑accused Karam Khan is facing trial in 1b so many cases of the identical nature and this applicant is a member of gang of Karam Khan. However, the trial Court is directed to proceed this case as early as possible.
M.B.A. Application rejected.
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