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Criminal Bail Application No. 756 of 1985, decided on 4th July, 1985.

‑‑‑S. 497(1), proviso‑‑Penal Code (XLV of 1860), S.364/342/149/148‑ Bail, grant of‑‑Applicant in jail as under‑trial prisoner for more than 12 months yet not a single witness examined and case adjourned from time to time for no fault of applicant‑‑Contention that applicant entitled to bail under proviso to subsection (1) of S.497, Cr.P.C.‑‑Contention, held, correct‑‑Applicant allowed bail, in circumstances.

Qurban Ali Chohan for Applicant.

M.I. Memon, Addl. A.‑G. for the State.

Miscellaneous Application No. 734 of 1985

This is an application for the bail of Haleem who is facing trial under sections 364, 342, 148 and 149, P.P.C. vide Crime No. 78 of 1983 dated 15‑12‑1983 at Police Station Saeedabad. District Hyderabad.

The prosecution case is that Haji Sachedino and three brothers owned jointly 300 acres of land and they have one Otaq at the land of Deh Jamali where they look upon their lands. On the night of 15‑12‑1983 at about .8‑30 p.m. he was sitting with his brothers Haji Muhammad Saleh, Haji Mehboob when there was a knock at the door so he went out he saw their Tractor driver Ali Khan Machhi who told them that while he was sitting at the Otaq along with Haji Allahdino. Alim Khushio, Baggar Machhi and Haji Allah Bachayo Raho who were their guests. They were watching Television when at about 7 p.m. 6 persons arrived with fire‑arms entered their Otaq, 2 were holding rifles and other 4 were holding guns. Due to fear they did not get up. Persons who were holding rifles disclosed their names to be Jam Bhambharo and Shahmir Jalbani, Jam Bhambharo gave him a chit and told him to hand over the same to complainant and also to tell him that his brother Haji Allabdino was being taken away by them and should pay them Rs.3 lacs and some other articles so saying they took away Haji Allahdino and bolted the door of Otaq from outside. After some time shutters of the window were opened and it was seen that Haji Allahdino was being taken away towards West. After hearing this from Ali' Khan they all the three brothers went to their Otaq where they saw that door of the Otaq was bolted from outside. They opened the same and saw that Haji Allah Bachayo Raho, Baggar Machhi and Alim Khushio were sitting in the Otaq and they told them the same facts.

Mr. Qurban Ali Chohan, the learned counsel for the applicant has contended that the applicant was arrested on 5‑3‑1984 and he remained in jail as under‑trial prisoner for more than 12 months as such he is entitled to grant of bail under proviso to subsection (1) of section 497 of Cr. P.C. Mr. Muhammad Ibrahim Memon the Additional Advocate‑General A does not oppose the bail application.

After considering the arguments of the learned counsel and after perusing the record, it seems that not a single witness has been examined in the case and the case adjourned from time to time for no fault of the applicant. The co‑accused has been granted bail by this Court on 27‑6‑1985.

In the above circumstances, the applicant is admitted to bail in the sum of Rs.20,000 with P.R. Bond in the like amount to the satisfaction of the trial Court.

S. G. D. Bail allowed.

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