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Criminal Miscellaneous Petition No. 20‑R of 1985 in Criminal Appeal No. 65‑R of 1985, decided on 22‑10‑1985.

(Application for grant of interim bail to respondents in Criminal Appeal No. 65‑R of 1984, pending before the Supreme Court).

‑‑‑S. 497‑‑Bail‑‑Accused attributed only a minor role‑‑Appeal not fixed although a period of one year passed from grant of leave‑‑Bail allowed to accused.

M.A. Zafar, Advocate Supreme Court with Imtiaz M. Khan Advocate‑on‑Record for Applicants (Respondents).

Qazi Khalid Iqbal, Advocate Supreme Court and Ch. Akhtar Ali Advocate‑on‑Record for the Appellant.

Mian Inamul Haq, Advocate Supreme Court for the state.

Date of hearing: 22nd October, 1985.

Muhammad Khan, Ghlam Hassan and Lal Din, applicants (respondents in the appeal) have applied for bail. They were convicted under section 302, P.P.C. On appeal they were acquitted by the High Court. Feeling aggrieved the petitioner filed a petition for leave to appeal against the acquittal of the three respondents‑applicants. Leave was granted to him by this Court on 4‑4‑1984, and non‑bailable warrants were ordered to be issued against the respondents. As a result they surrendered in September, 1984.

Since the appeal has not yet been fixed for hearing, they have applied for grant of bail.

2. Having considered all the facts of the case we feel that Ghulam Hassan applicant who only has been attributed a minor role deserves to be released on bail, specially in view of the fact that the appeal has not yet been fixed for hearing although a period of one year has passed from the grant of leave. He is, therefore, released on bail in the sum of Rs.20,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Chakwal.

3. The application with regard to the remaining two applicants respondents is, however, dismissed.

M. Y. H. Bail granted.

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