SHAD MUHAMMAD Versus MATTER HAMEED

ORDER

1. HAMOODUR RAHMAN, C. J. ‑This is a petition for the grant of bail by the respondent, Manzar Hameed, who was tried, along with one, Raz Mohammad under section 302/34, P. P. C. for having caused the death of one, Zarshad, on the 27th August, 1970 in the area of Bazar New Sarfaraz Ganj, Mardan, and was convicted and sentenced to death but his co‑accused was acquitted On appeal and reference, however, the Peshawar High Court acquitted him also. Against the said acquittal, both the State as well as the son of the murdered person came to this Court for special leave to appeal. This Court granted leave on the 24th April, 1973, and directed the issuance of a note‑bailable warrant for the arrest of the said respondent, Manzar Hameed.

2. He was not arrested for two years and it appears that he ultimately surrendered himself on the 1st June, 1975, and is now lodged in the District Jail, Mardan.

3. This petition has been filed on his behalf, within a few days of his surrender. to be enlarged ors bail. The only ground of bail is that he is an educated person and belongs to a respectable family in Mardan. He has tried to explain his failure to surrender for nearly two years by saying that he was on tour in Chitral in connection with his business without disclosing as to what that business was,

4. We are not convinced of the genuineness of this excuse but without making any adverse comments, we do not think that bail should be granted at this stage when the appeals are ready for hearing. It will be sufficient to direct that the appeals should " posted for hearing as soon as possible on the re‑opening of the Court after the long vacation.

5. Subject to this, application for bail is rejected.

6. Application rejected.