MAST ALI KHAN ALIAS MATWALI KHAN Versus THE STATE Q . M . Saleem , Khawaja Shaukat Ali

ORDER

1. Mast Ali Khan, who is accused in a murder case, registered at Police Station, Kamar Mashani, District Mianwali vide F.I.R. No. 97, dated 13‑8‑1985, in which Sohail Khan was killed on 13‑8‑1983 in the area of Kashki Dakhli has applied for bail.

2. This is the second bail petition. The first one was placed before Mr. Justice Sardar Muhammad Dogar which the counsel withdrew without assigning any reason.

3. This petition was fixed before me because I had admitted co‑accused, namely, Gulzar Khan to bail. Otherwise, it should have been laid before the Hon'ble Judge, who dismissed the petition as withdrawn.

4. Bail is sought on the statutory ground. According to the counsel for the petitioner, occurrence took place on 13‑8‑1985 and uptil now no date has been fixed for the trial. Hence the petitioner is entitled to bail under 3rd proviso to subsection (1) of section 497, Cr.P.C.

5. Counsel relied on the following decisions:‑

6. Sohuki alias Shaukat and another v. The State and another 1984 S C M R 613, Malook and another v. The State 1986 PCr.LJ 632, Kabeer and another v. The State 1987 P Cr. L J 1987 and Muhammad Aslam v. The State 1987 P Cr. L J 1634. I have also heard the State counsel.

7. I had called for report from the Additional Sessions Judge according to which the trial is to start in January, 1988.

8. As is evident the occurrence took place on 13‑8‑1985 and the trial has not yet commenced. A period of more than two years has expired. Therefore, counsel has rightly relied on 3rd proviso to subsection (1) of section 497, Cr.P.C. as well as the decision related to above.

9. I, therefore, admit the petitioner to bail in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of A . C . , Mianwali.

10. M.Y.H./M‑781/.L Bail granted.