Sikandar Ali is facing trial for killing his own wife Mst. Zeenat. According to F.I.R. Lodged by Mst. Allah Wasayee the mother of victim, the applicant/accused had been maltreating his wife Mst. Zeenat and was not permitting her (complainant and her husband) to visit her. Nor he was allowing Mst.
Zeenat to visit their house. On 24-9-1999 at about 3-00 p.m. When she and her husband went to seen Mst. Zeenat at her house Sikandar Ali got annoyed on seeing them entering the house. He it mediately abused Mst. Zeenat expressing that why. Her parents were coming to _visit her despite clear prohibition by him. Father of Sikandar Ali namely Bakhtiar who was present there directed Sikandar Ali and. Shprif to eliminate her immediately. Thereafter Sikandar Ali picked out a country made pistol from the fold of his Shalwar and fired at Mst. Zeenat. She received fire shot on her chest and fell down. On the comm_ otion and fire report Shah Muhammad and, other villagers-came running. On seeing them Sikandar Ali and Sharif together with ;Bakhtiar decamped from the venue.
Mst: Zeenat died at the spot.
2. After registration of the case, investigation was started, applicant Sikandar Ali was arrested on 3- 10-1999. The crime weapon is said to have been recovered from him after his arrest.
3. The bail plea on merits was dismissed by the learned trial Court. Then the application was filed before this Court and the same was dismissed as not pressed on 16-2-2001. ,
4. After that another attempt was made for bail on the ground of statutory delay. The application was rejected by order dated 18-12-2002 observing therein that the applicant/accused murdered the deceased lady brutally therefore he was not entitled to the grant of bail on statutory ground of delay.
5. Applicant Sikandar Ali was arrested on 3-10-1999 and the turd proviso to section 497, Cr.P.C. Was omitted on 11-10-2001, thus the appli=cant had completed two years in jail before omission of the proviso.
6. The diaries of the Court showing datewise progress in the matter indicates that during entire period of more than two years the defence obtained only one adjournment when one witness was present. As against that the prosecution got the case adjourned thrice. Thus the delay in conclusion of trial was not occasioned due to any act or omission on the part of applicant or his learned Advocate.
7. No doubt an innocent and helpless lady has been killed but that incident itself does not justify the opinion against the applicant of being dangerous, desperate or hardened criminal. In the circumstances he has a case for bail on the ground of statutory delay. To him. He shall be released on furnishing surety solvent in the sum of Rs.100,000 with P.R. Bond in the like amount to the satisfaction of learned trial Court.
As the learned Advocate appearing for applicant informed during proceedings that the Court on the board whereof this case is pending is vacant since last so many months. The case is hereby withdrawn from the Court of learned 1st Additional Sessions Judge, Khairpur and made over to the learned Sessions Judge, Khairpur for disposal in accordance with law in the interest of justice.
H.B.T./S-40/K .