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- S. 497, proviso (3)-Penal Code (XLV of 1860), S. 302-BailAccused in jail for two years and six months-Delay in trial attributable to accused and not to prosecution--Accused a desperate and dangerous person alleged to have killed his maternal-uncle and caused injuries to four persons-Accused, held, not entitled to bail in circumstances.

1985 P Cr. L J 1249 ; Cr. Bail Appln. No. 433 of 1985 and P L D 1982 S C 424 ref.

Khawaja Named Ahmed for Applicant.

Muhammad Ibrahim Memon, Addl. A.-G. for the State.

Date of bearing : 10th June, 1985.

This is an application for bail in a murder case on the ground of delay in trial. It is contended by Mr. Khawaja Naveed Ahmed that applicant was arrested on 16-12-1982 and has remained in jail for two years and 6 months. Therefore he is entitled to bail. Mr. Khawaja Naveed Ahmad has referred to the case reported in 1985 P Cr L J 1249 and produced a copy of bail order of this Court passed in Cr. Bail Appln. No. 433 of 1985.

Mr. 1. A. Hashimi appearing for the complainant submitted that from time to time case was adjourned due to absence of the defence counsel and delay is attributed to applicant and not to the prosecution. He has referred to a case reported in P L D 1982 S C 424.

Mr. Muhammad Ibrahim Memon, the learned Additional A.-G. has opposed the bail application and submitted that even otherwise from the circumstances of the case applicant is desperate and cannot get the benefit of delay.

I have perused the case diaries and find that the case was adjourned on )A 2-8-1983, 25-8-1983, 7-1-1984, 22-1-1984, 19-8-1984, 13-9-1984 and 27-10.1984. The witnesses were present but defence counsel was absent. It appears from) the record that even applications for adjournment were not sent. The delay. is deliberate on the part of the applicant. Moreover the allegation against the applicant is that he killed his own maternal uncle Khurshid and caused injuries with knife to four persons namely : Shaikh Muhammad, Khan Zaman, Khushal and Yousif. From these circumstances that the applicant can be termed as dangerous and desperate and in view of the amendment in proviso 3 of section 497, Cr. P. C. the applicant is not entitled to get bail.1 The application is dismissed.