Lawyers Directory Listing
Unlock direct contact details for up to 10 lawyers so you can call or WhatsApp the right legal professional and move your matter forward with confidence.
Criminal Bail Application No. 1590 of 1986, decided on 5th November, 1985.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/307‑‑Bail‑‑Delay in trial‑ Accused in custody for more than five years and no trial had yet taken place‑‑Accused admitted to bail on ground of delay in trial.
M. M. Pirzada for Petitioner.
A. A. Muhammadally for the State.
The applicant is an accused of offence under section 302/307, P.P.C. etc. It is alleged that he alongwith 20/22 persons pelted stones on the bus and later on the culprits threw bottles of petrol at the bus and set it on fire as a result of which five persons who sustained serious injuries were killed.
The name of the present applicant does not appear in the F.I.R. lodged on 8‑2‑1979. The applicant was arrested on I‑1‑1983 and since then he is in custody. He was admitted to bail by an Additional Sessions Judge on 3‑2‑1986 but he was not released and he was taken into custody in the present case on 17‑9‑1986.
Learned counsel for the applicant has contended that the applicant is in custody since the date of his arrest but the police had not arrested him in this case and no investigation was conducted and when he was released on bail in another case in order to fill in the gap he has been shown to be arrested in this case on 17‑9‑1986. It is stated that during the investigation two approvers have been examined and they have implicated the present applicant. It is stated that one of the approvers is dead and the other is out of country and there is no likelihood of his coming back to Pakistan as he was also involved in certain criminal cases.
The fact remains that the applicant is in custody for more than five years. No trial has yet taken place He cannot be detained in custody fort indefinite period. He is entitled to bail as of right, His case is identical to that of Rashid Rabbani.
The applicant is admitted to bail on the ground of delay. He be released on bail if he furnishes surety in the sum of Rs. 25,000 (Rupees twenty‑five thousand only) and P.R. Bond in the like amount to the satisfaction of thel trial Court.
M.Y.H./M‑32/K Bail granted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer