SHAKIR ALI Versus THE STATE

ORDER

This is an application for grant of bail to Shakir Ali and Sardar Ahmad petitioners in a case under section 302/307/148/149, P.P.C. registered at P.S. Arifwala, vide F.I.R. No. 47, dated 25‑2‑1985.

2. The prosecution case is that the petitioners and 4 others in furtherance of their common object caused the death of Bagh Ali and Muhammad Ali on 25‑2‑1985. The earlier bail application i.e. Criminal Miscellaneous No. 663‑B of 1985 for grant of bail to the petitioners was dismissed on merits on 24‑7‑1985. The present petition has been filed on the ground of statutory delay in the conclusion of trial.

3. Learned counsel for the petitioners submits that the petitioners were arrested on 25‑2‑1985 and the trial has not concluded without any fault on the part of the petitioner. Conversely, the learned counsel for State has opposed this application.

4. I have considered the submissions made by the learned counsel for the parties with care. I feel inclined to accept the application partly. Although more than two years have passed since the arrest of the petitioners yet Shakir Ali cannot claim bail as a matter of right because he seems to be a desperate as well as dangerous criminal. He stands involved in 7/8 criminal cases on the charges of murderous assault, theft and keeping unlicensed arms. As for Sardar Ahmad there is only one theft case against him and as such; he cannot be termed as hardened, desperate of dangerous criminal. He is in jail for more than 2 years and the delay in the trial has not been occasioned by his act or omission or by any other person acting on his behalf. He is, therefore, allowed bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Pakpattan. The application to the extent of Shakir Ali petitioner is dismissed.

S.A. /S‑272/L Order accordingly.