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MUHAMMAD ASLAM ALIAS ACHHU versus THE STATE


Section 2302, 4, 4, Exceptions & 4 304, 1st offense in a cruel or unusual manner and only one injury ultimately proving a fatal offense under section 302, PPC 5304, Part I , Less than PPC

1987 M L D 2014(1)

[Lahore]

Before Qurban Sadiq Ikram, J

MUHAMMAD TUFAIL--Petitioner

versus

THE STATE--Respondent

Criminal Miscellaneous No.1559/B of 1984, decided on 11th June, 1984.

Criminal Procedure Code (V of 1898)--

---S.497--Penal Code (XLV of 1860), Ss.302 & 307--Bail, grant of- Statutory period of two years lapsed since arrest of accused, yet trial not concluded--Most of prosecution witnesses already examined and trial nearing completion--Exercise of discretion in allowing bail to petitioner at this stage declined.

Yusuf All Khan, Bar-at-Law for Petitioner.

ORDER

The petitioner alongwith four others is facing trial in a case under sections 302, 307, 148 and 149, P.P.C. Most of the witnesses have already been examined and the trial is nearing conclusion. The present petition has been filed only on the ground that the trial has not concluded within two years of the arrest of the petitioner.' At this late stage of the trial, I am not prepared to exercise discretion in allowing bail to the petitioner. This petition is accordingly dismissed.

2. The learned trial Judge is directed to complete the trial within three months.

S.G.D./M-301/L

Petition dismissed.

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