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KALARANCE ALIAS MUHAMMAD NADEEM versus THE STATE


Criminal Code (CRPC) Section 497 None of the material on the offender record to indicate that the accused was a former offender, severe, frustrated or dangerous offender who was guaranteed

1986 P Cr. L J 1651(1)

[Karachi]

Before Munawar Ali Khan, J

KALARANCE alias MUHAMMAD NADEEM‑‑Applicant

Versus

THE STATE‑‑Respondent

Criminal Bail Application No. 212 of 1986, decided on 17th February, 1986.

Criminal Procedure Code (V of 1898)

‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(3)/11‑‑Bail‑‑Delay occurring in trial but not on account of accused as not a single adjournment was sought by him‑‑No material existing on record to indicate that accused was a previous convict, hardened, desperate or dangerous criminal‑‑Bail granted.

Sardar Muhammad Ishaq for Applicant.

Abdul Ghafoor Mangi, A.A.‑G. for the State.

ORDER

The application for bail has been moved on behalf of the applicant Kalarance alias Mohammad Nadeem who has been challaned in the Court under section 10(3)/11, Zina (Enforcement of Hudood) Ordinance, 1979. The application is based on the ground of delay. The learned counsel has filed copy of the case diary of the lower Court. It reveals that the applicant has been in jail since 6‑2‑1985 and the delay caused in the trial is not on account of the applicant. It is admitted that not a single adjournment has been sought by the accused. There is also no material on the record indicating that the applicant is a previous convict or P hardened, desperate or dangerous criminal. The learned A.A.‑G has therefore, no objection to grant of bail.

For above reasons bail is granted to the applicant in the sum of Rs.15,000 (Rupees fifteen thousand only) and P.R. of the same amount to the satisfaction of the Nazir of this Court.

M.Y.H. Bail granted.

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