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Criminal Miscellaneous No. 127/B of 1986, decided on 14th April, 1986.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail, grant of‑‑Trial Judge proceeding with trial of case from day to day, much of prosecution evidence having been recorded and trial likely to conclude shortly‑ Petitioner, held, was not entitled to bail solely on ground that a period of two years elapsed since their arrest yet trial not concluded in circumstances.‑‑[Delay].

Malik Rab Nawaz Noon for Petitioners.

Muhammad Nawaz Abbasi, A.A.‑G. for the State.

On 14‑10‑1983, Muhammad Yasin petitioner is stated to have inflicted Chhuri injuries on the person of Abdul Rashid which resulted in the latter's death on the spot. Brother of Muhammad Yasin, namely Muhammad lqbal also gave Chhuri injuries to Shafqat Javed a companion of Abdul Rashid. Muhammad Azam complainant also received some injuries. On the report made to the police, a case under section 302/307/34, P.P.C. has been registered against the petitioners and one Muhammad Akram at Police Station, Gujar Khan.

2. The trial is in progress, learned Additional Sessions Judge, I am told, is proceeding with the trial of the case from day to day and much of the prosecution evidence has already been recorded. From the proceedings, it appears that the trial of the petitioners is likely to conclude within this month unless of course the defence stands in its way. Under the circumstances, I am not inclined to admit the petitioners to bail solely on the ground that a period of two years have elapsed since their arrests, and trial has not concluded. There is a further proviso added which restricts the right to bail in case the Court finds that the accused is a previous convict or was a hardened, desperate or dangerous criminal.

3. I may not express my considered opinion on the question whether in view of the acts attributed accused can be considered to be either hardened, desperate or dangerous criminals. Any expression of opinion when the trial is on, may not effect the judicial approach. However, after looking into the facts and circumstances of the present case, concession of bail cannot be extended to the petitioners at this stage. With these observations this petition is dismissed and stands disposed of.

S.G.D./M‑127/L Bail declined.

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