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Criminal Miscellaneous No. 2144/B of 1986, decided on 25th January, 1987.
‑‑‑ S. 497 ‑‑Penal Code (XLV of 1860), Ss. 302 & 307/148/149‑‑Bail, grant of‑‑Statutory period of delay in trial‑‑Accused admittedly in jail for four years‑‑Trial in progress for last nine months‑‑Prosecution evidence yet not complete‑‑No evidence recorded in cross‑case so far‑ Both cases to be decided together‑‑All co‑accused already on bail‑‑Bail allowed to petitioner in circumstances.
Shauki alias Shukat v. The State 1984 S C M R 613 and Saleh Muhammad v. The State and another 1983 S C M R 341 ref.
R. A. Awan for Petitioner.
Altaf Muhammad Khan for the State.
The petitioner, who is in jail since 11‑12‑1982, after arrest in a case registered at Police Station Bhai Pheru, District Kasur under section 302/307/148/149, P.P.C., seeks bail mainly on the ground that in spite of a period of more than two years having passed, the trial of the case has not been concluded so far. Learned counsel for the petitioner in support of his contention that the petitioner is entitled to be released on bail on the basis of statutory period having passed, cited Shauki alias Shaukat v. The State 1984 S C M R 613 and Saleh Muhammad v. The State and another 1983 S C M R 341.
2. The part assigned to the petitioner, according to F.I.R., is, that the shot fired by him had hit Latif (deceased) on the face, and as a result of another shot fired by him, Mukhtar P.W. had suffered injury. The contention of learned counsel, that, during post‑mortem examination no fire‑arm injury was found on the dead body of Latif. (deceased), and that all the injuries found on his person are opined to be the result of blunt weapon, has not been denied by learned counsel for the State. Be that as it may, the bail is not being pressed on merits.
3. The petitioner is admittedly in jail for the last four years. The trial is in progress for the last more than nine months, and yet the statements of five witnesses remain to be recorded. There is a cross‑case also under section 307, P.P.C. etc. in which, according to learned counsel for the petitioner, no evidence has been recorded so far. Apparently, both the cases have to be decided together. All the co‑accused are already on bail.
4. In Shauki alias Shaukat's case 1984 S C M R 613 the petitioner was granted bail on a period of more than two years having elapsed, in spite of the fact that a part of the evidence had been recorded. Almost, a similar point was involved in Saleh Muhammad's case 1983 SCMR 341.
In view of the position enumerated above, the petitioner is allowed bail following the dictum laid down in the judgments cited by learned counsel for the petitioner. He shall be released on furnishing bail bonds in the sum of Rs.fifty thousand with two sureties each in the like amount to the satisfaction of the trial Judge.
S . A . / M‑5 / L Bail allowed.
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