1. ' The applicant/accused is involved in Crime No,37 of 1992 registered at Police Station Jamshed Quarters, Karachi for the offences under section 302/34, P.P.C. It is alleged that along with three other culprits they murdered deceased Shujaat Ali son of the complainant as alleged by her in the F.I.R. Recorded on 13-2-1992. Neither the complainant nor anybody else saw the alleged incident. It is pointed out by the learned State Counsel that two culprits namely Naeem Sharri and Ayaz Ahmed have been murdered and Javed Langra has been shown as absconder in the challah. The applicant/accused was arrested on 15-5-1996 after the lapse of more than 4 years. His bail application was rejected on merits by this Court on 16-3-1998. Thereafter, he repeated his bail application only on the ground of statutory delay as two years have passed and the trial has not concluded as yet. According to the learned defense counsel only the charge has been framed and no witness has been examined. The report obtained from the jail authorities indicate that the applicant/accused is involved in 7 criminal cases. His bail application was rejected by the learned trial Court solely on the ground that since he is involved in 7 criminal cases and the alleged offences are of heinous nature, therefore, he is habitual, desperate and hardened criminal. The view taken by the learned trial Court is erroneous and against the well-settled law. Mere pendency of cases is no ground to treat an accused as habitual, hardened and desperate criminal. Therefore, respectfully following the law laid down by the Honorable Supreme Court in Mounder and others v.
2. The State PLD 1994 SC 934 Muhammad Rafiq v. The State 1997 SCM R 412, Ghulam Abbas v. The State 1997 M LD 1743 and Muhammad Ashraf alias Achoo v. The State 1990 ALD 635(1) the applicant/accused is admitted to bail in the sum of Rs,1,00,000 (Rupees one lac) with P.R. Bond in the like amount to the satisfaction of the learned trial Court.