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Petitioner: MANZOOR HUSSAIN VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1259
[Lahore]
Before Muhammad Munir Khan, J
MANZOOR HUSSAIN‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No.1669/B of 1987, decided on 12th October, 1987.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S.497‑‑Penal Code (XLV of 1860). SS.302 & 148/149‑‑ ‑Bail, Grant of‑‑Bail granted on merits, cancelled by High Court‑‑Case fixed for hearing and trial to commence without any loss of time‑‑Bail refused to be granted but Trial Court directed to conclude trial within one month.
M. Iqbal Bhatti for Petitioner.
State Counsel is present.
ORDER
This is an application for grant of bail to Manzoor Hussain petitioner in case under section 302/148/149, P.P.C. registered at P.S. Baghbanpura vide Fill No.365/84 dated 14‑11‑1984.
2. The prosecution case is that the petitioner and his co‑accused caused the death of Muhammad Abbas on 14‑11‑1984 within the limits of Police Station Baghbanpura, Lahore.
3. The petitioner was arrested on 22‑11‑1984. He was allowed bail by the learned Additional Sessions Judge, Lahore on 6‑4‑1985 which was subsequently cancelled by this Court on 5‑7‑1985. Since then the petitioner is in the jail.
4. Learned counsel for the petitioner mainly submitted that although the petitioner is in jail for more than two years yet the trial of the case has not concluded. Conversely the learned counsel for the State has opposed this application.
5. I have considered the submissions made by the learned counsel for the parties with care. I find that it is a case in which the bail granted to the petitioner on merits was cancelled by this Court, that the learned Additional Sessions Judge has given reasons for the rejection of the bail application of the petitioner and that the case has been fixed for hearing on 18‑10‑1987 and that in his order, the learned Additional Sessions Judge has stated that the trial will commence without any loss of time.
For what has been said above, the application for grant o bail to the petitioner is dismissed. The trial Court is however directed to conclude the trial within one month under intimation to the Deputy Registrar (J) of this Court. In case the trial is not concluded within one month from 18‑10‑1987, it would be open to the petitioner to move fresh application for bail before this Court or before the learned trial Court.
S.A./M‑530/L Bail refused.