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Criminal Miscellaneous. No.318/B of 1987, decided on 12th March, 1987.
---S. 497--Bail, grant of--Ground that accused was behind bars since time of occurrence and that it was not known when trial would start- Accused admitted to bail on ground of inordinate delay in trial. Muhammad Aslam Awan for Petitioner.
Farabq Badar, A.A.-G. for the State.
Ehsanullah son of Ismail and Mureed Hussain son of Abdullah Khan residents of Kotli Bakha, Tehsil and District Gujranwala have applied for bail after arrest. They are accused in a murder case alongwith others.
Bail application of Mureed Hussain was dismissed by me in limine as his earlier bail application was rejected on merits. It was qua Ehsanullah only that notice to the State was issued.
Learned counsel appearing on his behalf raised number of contentions. It was argued that although the allegation against him is that he was armed with Sota with which he inflicted blow on the head of the deceased nevertheless, during investigation the DSP, Narowal found him innocent. It was further submitted that this is the first time that the petitioner has moved this Court. His application was dismissed by the Additional Sessions Judge on 29-10-1985. Learned counsel submitted that the occurrence in this case is alleged to have taken place in the month of August, 1985. Since then Ehsanullah is behind the bars. Counsel laid great stress on the question of delay and submitted that it is not known when the trial is likely to conclude. Learned counsel further, submitted that there is prima facie evidence to establish that the complainant side took the law in their hands.
Bail was opposed by the A'.A.-G.
I do not want to give specific finding on all the contentions; but I think the petitioner is entitled to the concession of bail on the' ground of inordinate delay. I, therefore, admit him to bail in, the sum of Rs.50,000 with one surety in the like amount to the satisfaction of A.C. Gujranwala.
M.Y.H./E-2/L Bail granted.
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