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Criminal Miscellaneous No. 2683-B of 1986, decided on 27th October, 1986.
---S. 497--Penal Code (XLV of 1860), S. 307--Bail, grant of Petitioners in jail for a continuous period exceeding one year yet their trial not concluded--Petitioners allowed bail, in circumstances.
Rana Abdul Hameed Khan for Petitioners.
Asif Chughtai for the State.
Zafar Iqbal and Riaz Ahmad petitioners have moved this petition for bail in a case registered against them and one Nazra under section 307/353 of the P.P.C. This is their second bail application, the first one (Criminal Miscellaneous No. 953-B of 1986) having been rejected on 7-4-1986.
2. The allegation against the petitioners is that on 21-8-1985 they resorted to firing causing injuries to Amanat Khan complainant and a pellet injury to Ahmad Khan Constable on the right shin.
3. Bail is claimed on the ground that the petitioners were arrested on 21st August, 1985 and the trial has not concluded so far. The report received from the learned Magistrate reveals that the delay occurred due to the fact that the petitioners were not produced in Court from jail on a number of dates of hearing. Since the petitioners are in jail for a continuous period exceeding one year and their trial has not concluded, they are entitled to the grant of bail. Accordingly they are admitted to bail in the sum of Rs.25,000 each with two sureties each in the like amount to the satisfaction of the trial Court.
S. G. D. Bail allowed.
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