MUHAMMAD YOUSUF Versus STATE

ORDER

1. This bail application is based mainly on ground of delay in trial of the accused. As has been disclosed in course of arguments addressed at the Bar, accused Muhammad Yousuf and Muhammad Sharif were arrested on 27-7-1983 whereas third accused Allah Beeran was arrested on 26-8-1983. According to the learned AA.-G. it was only on one date (i.e. 23-8-1984) that two witnesses were present but they could not be examined as the counsel of the accused was absent. The case was however adjourned by the Court on its own and not at the request of the accused to 11-10-1984. This shows that the accused have remained in jail for over two years, and they are not liable for the delay. There is no indication that the accused are dangerous and hardened criminals. The observation made by the trial Court in this regard is not corroborated by any authentic material. The learned AA.-G. has therefore, no objection to grant of bail.

2. For above reasons the bail is allowed to the applicants in the sum of Rs.50,000 each and P.R. of the same amount to the satisfaction of the trial Court.

3. SA./M-859/K

4. Bail allowed.