RAHIM alias RAHMAKand anothers vs THE STATE

ORDER

1. ' The applicants/accused Rahim Rehmat and Muhammad Shareef alias etcho have applied for bail in a case arising out of F.I.R. No,52 of 1995 egistered against them at Police Station Kalakot, dated 18-1-1995 under ections 324/353/332/42.7/147/148 and 149, P.P.C.

2. ' The facts of the prosecution case are that on 18-2-1995 S.4. Uhammad Ishaq was patrolling in the area alongwith other subordinate staff vhen at about 1800 hours he on receiving spy information reached at Hassan Pir Muhammad Road, Usmanabad Mill Area, in connection with the arrest of bsconding accused, where he found accused Muhammad Asif and Muhammad hareef alias Ketcho alongwith their companions (1) Abdul Rehman (2) Rahim nd Rehmak and (3) Nazeer Duly armed. He encircled the accused in order to rrest them but an encounter took place with the result accused Muhammad Asif as injured and subsequently succumbed due to injuries at the spot. It is further alleged that Head Constable Mehboob Elahi also received injuries and Mobile was damaged.

3. Police secured one T.T. Pistol from the hands of the accused Muhammad Asif which was taken in possession under the Mashirnama. He then came at the police station and lodged the present F.I.R.

4. Accused was arrested on 17-4-1996 and after usual investigation was sent in the trail Court to stand trial, Application for bail was moved in the trial Court on the ground of statutory delay but the same was rejected by the learned Vth Additional Sessions Judge South Karachi on 1-8-1997.

5. ' I have heard Mr. Raja Sardar Ahmed Khan, Advocate for the applicants/accused and also heard Mr. Haleem Siddiqui the learned counsel for the State.

6. ' Learned counsel for the accused has contended that more than a year has elapsed but trial has not started and even a single witness has not been examined in the case, hence accused is entitled to bail in terms of their proviso to section 497, Cr.P.C. He has placed reliance on 1997 SCM R 412, 1997 M LD 1496, 1997 M LD 1202 and 1997 M LD 1743.

7. The learned state Counsel has opposed the grant of bail and has contended that accused is a hardened, desperate and dangerous criminal and he has further submitted that 11 criminal cases are pending aginst him. It is cardinal principle of criminal jurisprudence that until and unless guilt is proved man is innocent, mere registration of a number of cases against the accused without conviction is no ground for withholding the grant of bail on the ground of statutory delay particularly when he is not a previous convict.

8. ' Admittedly, accused was arrested on 17-7-1996 and the case diaries of the trial Court reveal that not a single witness has been examined so far. In the above circumstances, applicants are granted bail on their furnishing solvent surety in the sum of Rs,2,00,000 (Rupees two lacs only) and P.R. Bond in the like amount to the satisfaction of the trial Court. Announced in open Court.