ABDUL MALIK ALIAS PALA Versus THE STATE

ORDER

This is an application for grant of bail to Abdul Malik alias Pala petitioner in case under section 302/148/149/323, P.PC, registered at P.S. Saddar Sadiqabad vide F.I.R. No. 244/85, dated' 28‑12‑1985.

2. The prosecution case is that the petitioner and five others in furtherance of their common object caused the double murder of Ghazi and Jameel and injuries to Mst. Samani on the night between 27/28‑12‑1985.

2‑A. As for the petitioner, it has been alleged that he was armed with a gun and fired fatal shot on Jameel deceased.

3. Learned counsel for the petitioner submitted that the petitioner was arrested on 2‑1‑1986 and more than two years have passed yet the trial has not been concluded. Learned counsel for the State has opposed this application on the ground that the trial has already started and the case is now fixed for hearing on 9‑3‑1988.

4. I have considered the submissions made by the learned counsel for the parties with care. The office report shows that not only the trial has started but the statement of as many as 11 witnesses have been recorded and the next date for recording the statements of remaining prosecution witnesses is 9‑3‑1988. That being the position, I do not feel inclined to release the petitioner on bail on the ground of delay in the conclusion of the trial. The trial Court is however, directed to conclude the trial within one month from 9‑3‑1988 under, intimation to the Deputy Registrar (Judl.) of this Court. In case the trial is not concluded within that time, it will be open to the petitioner to repeat application for bail.

For what has been said above, the application is dismissed.

S. A. /A‑284/L Bail refused.