CHAMNAI Versus THE STATE

Chamnai petitioner seeks bail in a case under section 302/34, P.P.C. registered against him and another at Police Station, University Town, Peshawar vide FIR No.524 dated 4‑1.0‑1986.

2. Bail is urged on the ground of statutory delay as the petitioner is behind the bars for a continuous period exceeding two years but his trial has riot yet concluded.

3. The bail plea of the petitioner on the same ground was turned down by the learned Additional Sessions Judge, Peshawar for the reasons that he had remained a fugitive from law for about four years and his trial was at the fag‑end as the prosecution had closed its evidence and the case was fixed , for recording his statement under section 342, Cr.P.C.

4. The petitioner had absconded after the occurrence and was charged for committing the murder of the complainant of this case vide F.I.R. No.514 registered at Police Station University Town, Peshawar on 30‑10‑1988. In this backdrop he appears to be recidivist and, as such, can be safely labelled as a dangerous and desperate criminal within the contemplation of the fourth proviso to section 497, Cr.P.C. Be that as it may, his trial has virtually concluded, therefore, it will be more appropriate if bail is declined and the trial Court is directed to dispose of the case as , soon as possible.

This application is accordingly dismissed with a direction to the Trial Court to expedite the disposal of the case.

It may, however, be added that the observations made in this order are tentative in nature confined to the disposal of this bail application and shall not influence the mind of the Trial Court in any manner.

N.H.Q./1393/P. Bail declined.