MUHAMMAD FAZAL Versus KHADIM HUSSAIN

ORDER

The petitioner was arrested in case F.I.R. No.56/94 registered at Police Station City Shujabad on 11-2-1994 under section 302, P.P.C. on the basis of statement made by Faiz Bukhsh. He was arrested on 11-2-1994 and this petition has been filed for seeking relief of bail on statutory ground i.e. the petitioner being in continuous detention for more than 2 years and the case against the petitioner has not been concluded by the trial Court.

2. In the present case the petitioner was also found to be suffering from T.B. and bail on medical ground was also pressed.

3. Learned counsel for the complainant has submitted that the delay in the conclusion of trial was caused by the petitioner himself and the prosecution cannot be blamed for that.

4. Be that as it may, the petitioner is a sick man and was in continuous detention for more than 2 years. He was accused of Qatl-i-Amd of his wife and the petitioner had offspring from the deceased. In view of Khalil-ur-Rehman v. Supreme Appellate Court and 4 others PLD 1994 SC 885 the petitioner could only be sentenced to a maximum period of 14 years for which the statutory period prescribed was one year.

5. I see no reason for dismissal of the application in the circumstances mentioned above.

6. The petition is allowed and the petitioner shall be released subject to his furnishing bail bonds in the sum of Rs.50,000 with two sureties each in the like I amount to the satisfaction of trial Court.

N.H.Q./M/777/L Bail allowed.