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Special Criminal Bail Application No. 63 of 1986, decided on 18th September, 1986.
‑‑‑S. 497‑‑Customs Act (IV of 1969), S. 156(1)‑‑Bail‑‑Delay in trial‑ Delay occurring in completion of trial and no possibility existed of completion thereof in near future‑‑Accused in custody for about last two years‑‑Bail granted in circumstances.
Faizanul Haq for Applicant.
Iqbal Rad for the State.
The applicant is facing trial for an offence, under clause (8) of section 156(1) of the Customs Act, 1969. Previously, a bail application was moved before the learned Special Judge. It was rejected. The applicant filed a bail application before this Court bearing Special Criminal Bail Application No. 2 of 1986 but the same was dismissed as not pressed and a direction was given by this Court to the trial Court to complete the proceedings within three months i.e. by 26‑4‑1986. The proceedings have not been completed so far. Another application was then moved before the Special Judge but the same had been dismissed by order, dated 5‑8‑1986 of the learned Special Judge. In respect of the delay in the finalization of the case, the learned Special Judge has observed that the case will be completed after the evidence of the I.O., who is a Captain, but he could not be called, as he has been reverted to Army and is put under training at Rawalpindi Headquarters and various letters have been received from the concerned Headquarters of the I.O. which show that the I.O. shall be available for evidence after 7‑11‑1986.
The applicant was arrested on 11‑10‑1985 and from the order, dated 5‑8‑1986 of the learned Special Judge, it is clear that the trial cannot be completed before 7‑11‑1986. The delay in the finalization of the trial is not attributable at all to the applicant. The diary‑sheet has been filed and it shows that on various dates the applicant was not produced from jail and on other dates the case was adjourned on account of P.Ws. not being present or on account of applications for adjournment being made by the State counsel or on account of absence of the learned State counsel.
In view of the previous order, dated 26‑1‑1986 passed by this Court disposing of Special Criminal Bail Application No. 2 of 1986 directing the trial to be completed within three months i.e. by 26‑4‑1986, and the trial having not been completed even now and there being no possibility of the trial being completed before 7‑11‑1986 and the applicant having been arrested as far back as 11‑10‑1985, in my view, a case has been made out for bail by the applicant.
Special Criminal Bail Application No. 69 of 1986 is granted and it is directed that applicant Moosa son of Shahdad Karam be released on bail on his furnishing one surety in the sum of Rs.50,000 with P.R. bond in like amount to the satisfaction of learned Special Judge.
M.Y.H./M‑30/K Bail granted.
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