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Criminal Miscellaneous No.20‑B of 1985, decided on 22nd January, 1985.
‑‑‑S.497 (1), proviso third‑‑Penal Code (XLV of 1860), S. 302/34‑‑Bail, grant of‑‑Accused under detention for a period exceeding two years but his trial not concluded‑‑Accused, held, entitled to be released on bail.
Shaukat Rafiq Bajwa for Petitioner.
Muhammad Sharif Sahi for the State.
This is a petition under sub‑clause (b) of the third proviso to subsection (1) of section 497, Cr.P.C. by Muhammad Safdar, petitioner, for his release on bail.
2. The report of the trial Magistrate has not been received, but the learned counsel for the petitioner has submitted a photostat copy of the said report, which has been placed on the file. From the said report, it appears that the accused are responsible for sixty‑six days' delay in the trial. Even if this period is excluded, it would appear that the petitioner has been under detention for a period exceeding two years. His trial has also not concluded. In these circumstances, the petitioner is entitled to be released on bail.
3. For the foregoing reasons, this petition is accepted and Muhammad Safdar, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees Forty Thousand (Rs.40,000) with two sureties each in the like amount to the satisfaction of the trial Judge. The petitioner shall appear in the Court of the trial Judge on each date of hearing during the period of his trial, till the same is concluded.
M. Y. H. Petition accepted.
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