NIAZ AHMED Versus SHAMS-UD-DIN

ORDER

The petitioner who is one of the accused persons in a case registered through F.I.R. No 290/91, dated 9-8-1991. under section 302/324/34, P.P.C. (Q & D Ordinance) with Police Station Saddar Dunyapur, District Lodhran, for the murder of Muhammad Yousaf, deceased, seeks bail on statutory ground under section 497(1) third proviso (b). The petitioner was arrested on 19-8-1991 and the trial has not yet concluded. It is provided in the said clause (b) as under:--

(b) "who, being accused of an offence punishable with death, has been detained for such offence for a continuous period exceeding two years and whose trial for such offence has not concluded:

Provided further that the provisions of the third proviso to this subsection shall not apply to a previously convicted offender for an offence punishable with death or imprisonment for life or to a person who, in the opinion of the Court, is a hardened, desperate or dangerous criminal or involved in terrorism."

2. It is clear from this clause that the petitioner has become entitled to be released on bail. He could only be declined bail if he would have been convicted previously for an offence punishable with death or imprisonment for life or had he been in the opinion of the Court a hardened, desperate or dangerous criminal or involved in terrorism.

3. Muhammad Hussain, A.S.I., who is present in the Court, when questioned, says that she petitioner was neither previously convicted for any offence punishable with death or imprisonment for life nor he was 8 involved in any other case throughout his life nor he was involved in terrorism.

4. In these circumstances the petitioner is entitled to be released on bail on statutory ground. This application is allowed. The petitioner is granted bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of IC A.C./Duty Magistrate, Dunyapur.

N.H.Q./M-1943/L Bail granted.