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Criminal Bail Application No. 341 of 1985, decided on 9th March, 1986.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 307/34‑‑Bail, grant of‑‑Enmity existing between parties‑‑Accused in jail for tore than two years‑‑Trial not yet proceeding for no fault of accused‑‑Accused, held, could not be denied concession of bail on ground of third proviso to S. 497(1), Cr.P.C. in circumstances.
Qurban Ali H. Chohan for Applicant.
Riaz Ahmed for A.A.‑G for the State.
This bail application has been filed by applicant Abdul Ghafoor son of Bachoo Khoso, who is involved in a case under section 307/34, P.P.C. and he has been in custody, according to learned counsel, since 27‑12‑1983. According to learned counsel not only that one year has passed, it is nearly two years and three months since the applicant was taken in custody. His bail application has been rejected by the trial Court on the ground that he is involved in other cases and he is a hardened and desperate criminal. The application is opposed by Mr. Riaz Ahmad, Advocate, appearing for the State.
From the record, it appears that there is enmity between the parties. It is further contended by the learned counsel for the applicant that in the other cases, which have been formed, the basis of denial of concession of bail under the third proviso to section 497(1). Cr.P.C. by the trial Court, the applicant has been enlarged on bail. The applicant has been in custody for nearly two years and three months but the trial has not proceeded. It is on account of no fault on the part of the applicant that the trial 'has not proceeded. In the facts and circumstances of the instant case, it is not a matter, in which the applicant be denied the concession of bail on the ground of third proviso to section 497(1), Cr.P.C.
Criminal Bail Application No. 341 of 1985 is granted and applicant Abdul Ghafoor son of Bachoo Khoso is ordered to be released on bail on his furnishing one surety in the sum of Rs.25,000 with P.R. bond in the like amount to the satisfaction of the trial Court.
S. A. Bail allowed.
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