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Criminal Petition No. 37‑P of 1986, decided on 28th October, 1986.
(From the order of the Peshawar High Court, dated 12‑8‑1986, passed in Criminal Miscellaneous No. 39 of 1986).
‑‑‑S. 497‑ Constitution of Pakistan (1973), Art.185(3)‑‑Bail, grant of‑‑ Delay in trial‑‑Leave to appeal granted to consider contention that petitioner was entitled to be released on bail as he had been continuously detained for more than two years, even if period of delay in trial said to have been occasioned by him was taken into consideration against him.
Agha Khan Baba Khan, Advocate Supreme Court with M. Qasim Imam, Advocate‑on‑Record (absent) for Petitioner.
Nemo for the State.
Date of hearing: 28th October, 1986.
It is submitted that petitioner is entitled to be released on bail as he has been continuously detained for a period exceeding two years from 3rd March, 1984, even if the period of the delay in the trial said to have been occasioned by the petitioner is taken into consideration against him.
The point raised deserves consideration. Leave is granted.
Appeal will be heard on the present record at Peshawar during the week commencing from 16th November: 1986. It is, however, open to the parties to file additional documents, if any.
The file of the case shall be transferred to Peshawar Registry forthwith for hearing of the appeal as directed above.
M.I. Leave granted.
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