SYED WAQAR-UL-HASSAN Versus THE STATE

ORDER

The petitioner, Syed Waqar‑ul‑Hassan, has moved this petition for bail after arrest under section 497/498, Cr.P.C. in a case registered against him under section 302/34, P.P.C. at Police Station Shad. Bagh, Lahore vide F.I.R. No. 97, dated 21‑4‑1986.

2. Learned counsel contended that a murder cane was registered against the petitioner on 21‑4‑1986 and that he was taken into custody on 5‑5‑1986. On this basis, the learned counsel states that the petitioner has completed two years in jail on 5‑5‑1988, Learned counsel submitted that trial of the petitioner has not been concluded so far, despite the expiry of the statutory period of two years. Learned counsel for the petitioner in that behalf relied on Nazir Hussain v. Ziaul Haq and others 1983 S C M R 72 and Shauki alias Shaukat etc. v. The State 1984 S C N11 R 613.

The learned State counsel submitted that trial in the case has commenced on 17‑10‑1987 and that evidence of two witnesses had been recorded on 17‑10‑1987. He stated that on 1011‑1987 evidence could not be recorded in the case because the learned defence counsel was stated to be busy before some other Court. He stated that since the trial has commenced and as such there is no justification to allow bail to the petitioner at this stage.

3. I have heard the learned counsel for the parties and have perused the record. It is true that the statutory period of two years has expired but the trial of the petitioner has not been concluded so far. It may be noted that trial commenced on 17‑10‑1987 when the evidence of two witnesses was recorded. However the case was adjourned because the learned Presiding Officer was not available and the case remained pending for four months on account of the absence of the learned Presiding Officer. I do not think it desirable to release the petitioner on bail in a murder case like this at this stage. The trial has already commenced. The petition is accordingly dismissed: The learned trial Court is directed to hold the trial of the petitioner on day‑to‑day basis till the same is concluded. The trial Court shall also submit compliance report to this Court through the Registrar.

S.A./W‑37/L Bail refused.