Find a Lawyer

Criminal Miscellaneous No. 860‑B of 1986, decided on 25th October, 1986.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail, grant of‑‑Admittedly two years passed since detention of petitioner and yet trial not concluded Petitioner allowed bail, in circumstances.

Munir Hussain Fatmi for Petitioner.

Rashid Sheikh for the State.

This is a petition under section 497/498, Cr.P.C. by Muhammad Riaz, petitioner, for bail in respect of a case under section 302, P.P.C. instituted against him at Police Station Kot Adu on 25‑6‑1984.

2. The bail is pressed on the ground that though two years have passed by since the detention of the petitioner on 9‑7‑1984, the trial has not concluded.

3. I have heard the arguments of the learned counsel for the petitioner and the State and have also perused the record. The certified copy of the order sheet in the case has been filed. From the same, it appears that three requests for adjournment were made on behalf of the petitioner on the ground that his counsel was either sick or not present and one transfer petition was filed on his behalf, which ultimately did not succeed. Counting up all the days taken up by this delay, the total delay works out to ninety‑five days. The petitioner has been in detention from 9‑7‑1984. It is, therefore, clear that more than two years have passed by since his detention. It is admitted that the trial has not concluded. In these circumstances, the petitioner has made out a case for his release on bail.

4. For the foregoing reasons, this petition is accepted and Muhammad Riaz, petitioner is released on bail, subject to his furnishing security in the sum of Rupees thirty thousand (Rs. 30,000) with two sureties each in the like amount to the satisfaction of the trial Judge.

5. The trial Judge shall expedite the trial and dispose of the case at the earliest.

S.G.D./M‑32/L Bail granted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.