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Criminal Bail Application No.270 of 198b, decided on 25th March, 1985.
‑‑‑S. 497, proviso (3)‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)‑‑Bail, grant of Accused remaining in jail for tore than two years‑‑Trial not proceeding Delay in trial not attributed to accused‑‑Accused, held, was entitled to have benefit of Proviso 3 of S. 497, Cr. P.C.‑‑Ball granted to accused with direction to trial Court to conclude trial expeditiously.
P L D 1984 S C 1 ref.
Shahadat Awan for Applicant.
A.A.Muhammadally, Assistant Advocate‑General for the State.
The case against applicant Khewaja Kausar Shaheen is pending under section, 17 (3) Offences against Property (Hudood) Ordinance in the Court of Xth Additional and Sessions Judge, Karachi. I have heard Mr. Shahadat Awan, Advocate for the applicant. He contended that applicant was arrested on, 23‑2‑1984 and case has not yet proceeded. . He requests for bail on the ground of delay in trial.
Mr. A.A.Muhammadally, learned Assistant Advocate‑General has no objection to the grant of bail.
It is a admitted fact that applicant has remained in jail for more than one year. The delay in the trial is not attributed to the accused. It is regretted to note that trial Court has not yet been able even to frame a charge. I am of the view that applicant is entitled to have benefit of Proviso 3 of section 497, Cr.P.C. He is admitted to bail on furnishing two sureties in the sum of Rs.25,000 each and P.R. in like amount to the satisfaction of trial Court. Before parting with this order, I invite the attention of the trial Court to a case reported in PLD 1984 S C 1 and direct that he should put efforts to conclude the trial as early as possible.
H.A.K. Bail granted.
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