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Criminal Bail Applications Nos. 361 and 362 of 1985, decided on 21st April, 1985.
‑‑‑S. 497, proviso (3)‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)‑‑Bail‑‑Delay of more than one year in trial‑‑Cases of Harabah pending against accused and accused a known habitual offender, dangerous and hardened criminal‑‑Accused was picked out in identification parade by witnesses‑‑No enmity of witnesses with accused was proved or shown‑‑Accused who was dangerous hardened criminal, held, was not entitled to get benefit of bail on merits as well as on ground of delay in trial in circumstances.
Abbas Ali for Applicant.
M.I. Memon, A.A.‑G. for the State.
Four cases under section 17(3) of Hudood Property Ordinance, 1979 are pending against applicant Naeemul Hassan. Two bail applications (bearing Criminal Bail Applications Nos. 361 and 362 of 1985) have been filed separately. Both the applications are being disposed of by this single order.
Mr. Abbas Ali, learned counsel for the applicant contended that there was delay in identification test and Mashirs are not reliable. He has argued that accused was arrested on 25‑11‑1983 and case has not proceeded.
Mr. M.I. Memon, learned A.A.‑G. has opposed the applications and stated that cases of Harabah are pending against the applicant and he is dangerous and hardened criminal.
In both cases the applicant has been picked out in the identification parade by the witnesses. The cases are of Harabah and no enmity is proved or shown with the witnesses. The allegation is that applicant is habitual offender. In view of the amendment in proviso P (3) of section 497, Cr. P. C. the applicants who are dangerous hardened criminals are not entitled to get benefit of bail on the ground of delay in trial. The applicant is not entitled to bail on merits as well as on delay in trial. Applications are dismissed.
The trial Courts are suggested to give priority to these cases and I invite attention of the learned trial Judge to an order passed on 9‑12‑1984 in Criminal Bail Application No. 1161 of 1984 of accused Muhammad Khan. The compliance seems to have not been made and trial of the cases has not commenced. A progress report be sent within a week. A copy of order passed on Criminal Bail Application No. 1161 of 1984 be sent to learned Judge for information.
M.B.A. Applications dismissed.
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