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Criminal Appeal No. 27 of 1985, decided on 6th March, 1985.
(On appeal from the order of the Lahore High Court, dated 7th January, 1985 in Criminal Appeal No.198 of 1982).
‑‑‑Ss. 426(1‑A)(c) & 497‑‑Penal Code (XLV of 1860), 5.302‑‑Accused in jail for more than two years‑‑Hearing of appeal not commenced‑ Accused entitled to be released on bail.
Dr. Farook A. Chaudhry, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
S.M. Zubair, Addl. A.‑G. for the State.
Date of hearing: 6th March, 1985.
The petitioners seek leave to appeal against an order of the Lahore High Court, dated 9th January, 1985 rejecting their bail application. They are accused, inter alia, of an offence under section 302, P.P.C.
2. They were arrested and are admittedly, in jail for more than two years but the hearing of appeal has not yet commenced. As such they are entitled to grant of bail under clause (1‑A)(c) of section 426, Cr.P.C.
3. The learned High Court rejected their application on the ground that the appeal has already been fixed for hearing. That was on 9th January, 1985. But it is now 6th March, 1985, and the hearing has not commenced as yet. In view of this delay we think that the petitioners are entitled to be released on bail.
4. We, therefore, convert the petition into an appeal and allow. The petitioners shall be released on bail in the sum of Rs.75,000 with two sureties in the like amount in respect of each of the petitioners to the satisfaction of the A . C . Lahore.
M.I. Bail granted.
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