1. Allowed.
2. Allowed.
3. Applicant Zahid Balouch seeks bail under IIIrd proviso to section 497, Cr.P.C. In F.I.R. No,8 of 1997 of Police Station P.I.B. Colony East, Karachi, registered under section 17(3) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979.
' The facts of the prosecution case in brief are that on 11-1-1997 at about 2-30 p.m. While complainant Muhammad Raza was standing outside his shop alongwith his Honda Motorcycle, there emerged three persons and robbed his motorcycle on the pistol point. In the meanwhile P.Cs.
Mujeeb and Aslam came there and called S.H.O. And they followed and chased the culprits and ultimately caught hold of the applicant whereas remaining two culprits succeeded in running away. One unlicensed pistol and two bullets were recovered from the possession of the applicant and such case was registered against him.
It is contended by Mr. Ejaz Ali S. Mangi, learned counsel for the applicant that the applicant was arrested on. 11-1-1997 and since then he is in continuous detention but his trial has not yet concluded. According to him even charge is not framed by the trial Court. He further argued that the applicant has been granted bail in the connected case under section 13-D of Arms Ordinance.
According to him the case of the applicant will not fall under 4th proviso to section 497, Cr.P.C. As he is neither a previous convict nor has ever been declared hardened, desperate and dangerous criminal, even the jail as well as police reports indicate that he is not dangerous criminal and is also not involved in any other case.
' Mr. Muhammad Saad Qureshi, learned counsel for the State raised no objection to the grant of bail to the applicant.
In the circumstances the applicant is allowed bail on the ground of statutory delay in the conclusion of his trial. He shall be released on bail on his furnishing surety in the sum of Rs,1,00,000 (Rupees one lac) and P.R. Bond in the like amount to the satisfaction of the trial Court.