KHADIM HUSSAIN Versus STATE Sardar Manzoor Ahmad Khan Gopang

ORDER

This is an application under section 561-A, Cr.P.C. for the release of Khadim Hussain on bail who is an approver in case under section 302/201/364/109, P.P.C. registered at P.S. Sadar Muzaffargarh, vide F.I.R. No. 53, dated 7-3-1979 pending adjudication before the learned Additional Sessions Judge, Muzaffargarh.

2. The learned counsel for the petitioner submits that the petitioner was arrested on 13-4-1979; his evidence has been recorded in the month of July, 1982 and in spite of that the trial of the case has neither concluded nor its early conclusion is in sight.

As against this, the learned counsel for the State has opposed this application on the ground that the petitioner being an approver has to be detained in the judicial lock up till the conclusion of the trial and as such cannot be released on bail at this stage.

3. After hearing the learned counsel I find that the petitioner was arrested on 13-4-1979; his statement was recorded in the month of July, 1982; prima facie, he has not violated the terms of the pardon; as stated by the learned counsel out of 36 witnesses, the evidence of 19 witnesses has been recorded so far and the next date of hearing is in the month of February, 1983.

4. For what has been found above, I am of the opinion that it is a case of an inordinate delay in the conclusion of the trial. Since an accused of an offence under section 302', P.P.C. shall be released on the ground of the statutory delay of two years in the disposal of the case, I am of the opinion that an approver who is detained continuously for two years or more and the trial does not conclude within two years without any fault on his part would also be justified in asking for bail on the ground of delay of two years or more which may safely be termed as an inordinate delay. It is now well-settled that an approver can be released on bail under section 561-A, Cr.P.C. in case the proceedings amount to an abuse of the process of Court. To my mind it is a case of that type. The petitioner shall, therefore, be released on bail on his furnishing bail bond in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, Muzaffargarh.

S.A./5456/L Bail accepted.