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1982 P Cr. L J 1199

ANWAR SHAH vs THE STATE

Citation1982 P Cr. L J 1199
CourtLahore High Court
Case No.Criminal Miscellaneous No. 122-B of 1977 P. S. L. A. No. 333 of 1976
Date1977-02-08
Judge(s)Dr. Javed Iqbal
ResultN/A

ORDER

1. A case is registered against the petitioner alongwith another under sec--tion 302/34, P. P. C. On the 20th of May, 1976. The challan was sent up on the 13th of June, 1975 and. The prosecution cited in all 18 P. Ws. Out of which four had been examined by the Committing Magistrate when under the new legislation the case of the petitioner was sent for direct trial to the Sessions Court at Kasur and ever since no further progress bad been made. This petition has been moved only on the ground of inordinate delay and learned counsel has relied on P. S. L. A. No. 333 of 1976 decided by the Supreme Court on the 20th of December, 1976. In that case, the case was registered under section 302/34/109, P. P. C. Against the accused on the 3rd of March, 1975 and according to the information placed before the Supreme Court the trial of the accused before the Sessions Judge, Kasur stood at serial No. 144 on the list and its turn was likely to come in about 2 or 2-- years. The Supreme Court allowed bail to the accused in that case on the ground of inordinate delay. It is contended by the learned counsel that the present case also related to District Kasur and the trial of the petitioner was pending before the Sessions Judge, Kasur. It is submitted that if the case mentioned by the Supreme Court was registered two months earlier than the present case and that if its serial number was 144 in the list, then the present case, which was registered two monthslater, would be further down in the list. The reasoning is that in the present case also there is no likelihood of the trial before the lapse of two or three, years. Relying on P. S. L. A. No. 333 of 1976, I, admit the petitioner to bail on the ground of inordinate delay subject to his furnishing security in the sum of Rs. 20,000 (Rupees twenty thousand only) with two sureties each in the like amount to the satisfaction of Assistant Commissioner-- Kasur. When the trial commences the Sessions Judge may vacate this order and take the petitioner in custody. This petition stands dis--posed of.

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