1. ' AFTAB AHMED GORAR, J.---Applicant is booked in Crime No,77 of 2011, under section 392/34, P.P.C., Police Station Maripur. Applicant in the place applied for bail before learned I-Additional Sessions Judge, Karachi-West, who dismissed the same per orders dated 7-2-2012 and 13-8-2012. Against the aforesaid orders present bail application has been filed.
2. ' Precisely, the facts of the prosecution case are that the complainant lodged an F.I.R. On 27-9-2011 stating that he along with his laborers were busy in work at Ilyas godown, when at 0015 hours two persons came and snatched mobile phone, Rs,300 and colored copy of CNIC from complainant and snatched Rs,250 and china mobile phone from P.W Iqbal. Thereafter complainant party made noise, which attracted police of Police Station Maoch Goth, who apprehended both accused persons at some distance. Police enquired about their names, to which they disclosed their names as Shehr Yar and Zambeer. Police party recovered one T.T. Pistol of .30 bore without number from Shehr Yar loaded with four bullets, snatched mobile, Cash of Rs,300 and copy of C.N.I.C. And from applicant/accused Zambeer recovered one T.T. Pistol of .30 bore without number loaded with five bullets, snatched mobile of P.W Iqbal and cash Rs,250. Thereafter accused persons along with their motorcycle were brought at police station and this F.I.R. Was lodged.
3. ' Mr. Shaikh Muhammad Salman, learned counsel for the applicant, in support of bail application, has Omitted that applicant/ accused was arrested on spot i,e, 27-9-2012 and since then he is continuously behind the bars, but the trial has not been concluded. He further submitted that continuous period of remaining behind the bars is more than fourteen months, which entitles the present applicant/accused to bail. Learned counsel for the applicant has further submitted that applicant is not a previously convicted offender for an offence punishable with death or imprisonment for life. He also submitted that applicant is not a desperate or dangerous criminal or is accused of an act of terrorism punishable with death or imprisonment for life. He finally prayed that applicant/accused be admitted to bail solely on the ground of statutory delay.
4. ' On the other hand, learned A.P.G. Does not raise objection, if applicant/accused is admitted to bail on the ground of statutory delay.
5. ' I have heard the learned counsel for the parties and have perused the record.
6. This bail application was initially filed on merits, but later on learned counsel for the applicant pressed this application solely on the ground of statutory delay. Learned counsel for the applicant/accused placed on record certified copies of diary-sheet of the case pending before learned trial Court commencing from 28-9-2011 to 20-11-2012. From the perusal of case diaries, it reveals that since arrest of applicant / accused he is behind the bars. It further reveals that charge in the matter was framed on 26-12-2011 and summons were ordered to be issued for appearance of P.Ws., but only on 2-5-2012 P.Ws. A.S.I. Aslam Tanoli and Muhammad Iqbal attended the Court, but matter was adjourned due to non-availability of case property. Perusal of case diaries further shows that thereafter P.Ws. Have never appeared before learned trial Court and on 14-6-2012 N.B.Ws. Were ordered to be issued against P.Ws. It further reveals that till 20-11-2012 N.B.Ws. Have repeatedly been issued against P.Ws., but no P.Ws. Have appeared before the learned trial Court.
7. The applicant/accused has remained behind the bars more than fourteen months and according to newly added provision in section 497, Cr.P.C., the delay in trial of the applicant/accused has neither been occasioned by an act or omission of the accused or any person acting on his behalf nor applicant is a previously convicted offender for an offence punishable with death or imprisonment for life, nor he is a desperate or dangerous criminal or is accused of an act of terrorism punishable with death or imprisonment for life. On the other hand the delay in trial is on the part of prosecution.
8. ' In view of the above, present applicant / accused has made out a case for grant of bail on the ground of statutory delay. Accordingly applicant is admitted to bail on his furnishing solvent surety in the sum of Rs,1,00,000 (Rupees One Lacs) and P.R bond in the like amount to the satisfaction of learned trial Court.
9. ' In view of above application is disposed of along with pending application, if any.