Pakistan Case Lawโ† Search
2001 P Cr. L J 1801

FAKHAR ZAMAN alias FAKHAROO vs THE STATE

Citation2001 P Cr. L J 1801
CourtSindh High Court
Case No.Criminal Bail Application No,928 and Miscellaneous Application No,1047 of
Date1997-08-21
Judge(s)Syed Deedar Hussain Shah
ResultBail granted

ORDER

1. ' Mr. Mehmood A. Qureshi for the applicant seeks bail for the accused/applicant in Crime No,82 of 1995, registered with Police Station Baldia Town, Karachi for an offence under section 324/34, P.P.C.

2. Mainly on the ground of statutory delay. According to the learned counsel, applicant/ accused was arrested on 2-1-1996 since then he is in continuous custody. Moreover, formal charge in the case has not even been framed and about 18 months have passed but trial has not concluded with no fault of the accused/applicant.

3. ' Regarding the conduct of the applicant in jail, report from the Jail Authorities was called which has been received, which shows that conduct of the accused as undertrial prisoner has remained satisfactory, copy of the jail report has been filed by the learned counsel.

4. ' According to the learned counsel accused/applicant has been granted bail in about eight cases by the Courts having jurisdiction. In Criminal Bail Application No,899 of 1997, applicant was granted bail by my learned brother Zakir Hussain Mirza, J. On 1-7-1997 and copy of the order has also been filed.

5. ' Mr. Muhammad Saleem Samo, learned A.A.-G. Does not controvert the facts stated by the learned counsel for the applicant, and raises no objection for the grant of the bail application.

6. In view of the continuous detention of the accused for about 18 months, the trial has not yet concluded with no fault of the accused/applicant or any person acting on his behalf and in about 8 cases accused/applicant has been granted bail by the Courts having jurisdiction, and the conduct of the accused-applicant as undertrial prisoner has been certified to be satisfactory by the jail authorities.

7. ' For the foregoing reasons at least case for grant of bail has been made out. Consequently, application is granted, accused may be released on furnishing solvent surety in the sum of Rs,1,00,000 with P.R. Bond in the like amount to the satisfaction of the trial Court.

8. ' M.A. No,1047 of 1997 is dismissed having become infructuous. .

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch