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Criminal Bail Application No. 1764 of 1986, decided on 13th January, 1987.
---S. 497--Bail--Delay in trial- -Co-accused admitted to bail on ground of delay but bail in respect of accused refused on ground that on report of police he was considered dangerous, desperate or hardened person by Trial Court--Both accused and co-accused facing cases on same facts- Allegation against co-accused also same and facts identical and no distinction could be drawn--Accused not a previous convict and in absence of material to show that he was dangerous, desperate or hardened person, he was entitled to bail--Bail granted to accused icy circumstances.
---S. 497 fourth proviso--Bail--Accused whether dangerous, desperatse or hardened--Trial Court to base its opinion )n basis of record arid should not accept report of police which was not based on any material- Application for bail could not be rejected on the ground that another case was pending against accused.
M. Shah for Applicant.
Abdul Ghafoor Mangi A.A.-G. for the State.
The report was lodged by a Bangla Deshi girl Minara Begum wherein she was stated that she has come from Bangla Desh to meet his brother Luqman. One broker Razzaq Commander and the present applicant sold her to one Ghulam Qadir of Lahore for a consideration of Rs.13,000.
The application for bail has been moved on the ground th-t a period of one year has expired but uptil now the trial is not completed. The learned trial Judge has dismissed the application on the ground that he is desperate, hardened and a previous convict. He has based his finding on the report of the police. Co-accused Osman Ghani was admitted to bail by the same learned Judge on the ground of delay.
Learned counsel for the applicant has submitted that the police has given similar report against the co-accused but the co-accused has been admitted to bail on the ground of delay but the application of the present applicant was dismissed.
On the other hand the order of the learned Sessions Judge shows that according to the police report, Osman Ghani is not dangerous, desperate and hardened and not a previous convict. Learned counsel has not placed on record the police report to substantiate his contention that similar report was given by the police against the co- accused. However, it is a fact that uptil now not a single witness has been examined as is clear from the order of the learned Additional Sessions Judge, dated 9-8-1986 in the bail of Osman Ghani. The two co-accused are facing two cases on facts. The allegations against the two co-accused are the same and facts are identical and no distinction can be drawn against the two co-accused. The learned trial Judge has to base, his opinion on the basis of the record and he should not have accepted the report of the police which is not based on any material. The application cannot be rejected on the sole ground that another case is pending. The trial Court has to form his independent opinion on the basis of the record to come to the conclusion that the accused is desperate, hardened and dangerous. It is an admitted fact that he is not a previous convict. In the absence of any material to show that he is dangerous or desperate, he is entitled to bail.
The applicant is admitted to bail. He be released on bail if he furnishes surety in the sum of Rs. 30,000 (Rupees thirty thousand only) and P.R. in the like amount to the satisfaction of the trial Court.
M.Y.H./S-50/K Bail granted.
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