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Petitioner: CHAMNAI VS Respondent: THE STATE
1992 M L D 2016
1992 M L D 2016
[Peshawar]
Before Qazi Muhammad Farooq, J
CHAMNAI‑‑Petitioner
versus
THE STATE‑‑Respondent
Cr.M. No.302 of 1992, decided on 6th May, 1992.
(a) Criminal Procedure Code (V of 1898)---
‑‑‑‑S. 497(1), fourth proviso‑‑‑Penal Code (XLV of 1860), S.302/34‑‑ Desperate or dangerous criminal‑‑‑Accused was charged for murder and he had absconded after the occurrence‑‑‑Accused in such backdrop appeared to be a recidivist and could be safely labelled as a dangerous and desperate criminal within the contemplation of the fourth proviso to S.497, Cr.P.C.
(b) Criminal Procedure Code (V of 1898)‑‑
‑‑‑‑S. 497(1), third proviso‑‑‑Penal Code (XLV of 1860), S.302/34‑‑‑Bail‑‑‑Trial of accused had virtually concluded‑‑‑Bail was declined in circumstances with the direction to Trial Court to expedite the disposal of the case.
Abdul Hakeem Khan Kundi for Petitioner.
Adam Khan, A.A.‑G. for the State.
Date of hearing: 6th May, 1992.
JUDGMENT
Chamnai petitioner seeks bail in a case under section 302/34, P.P.C. registered against him and another at Police Station, University Town, Peshawar vide FIR No.524 dated 4‑1.0‑1986.
2. Bail is urged on the ground of statutory delay as the petitioner is behind the bars for a continuous period exceeding two years but his trial has riot yet concluded.
3. The bail plea of the petitioner on the same ground was turned down by the learned Additional Sessions Judge, Peshawar for the reasons that he had remained a fugitive from law for about four years and his trial was at the fag‑end as the prosecution had closed its evidence and the case was fixed , for recording his statement under section 342, Cr.P.C.
4. The petitioner had absconded after the occurrence and was charged for committing the murder of the complainant of this case vide F.I.R. No.514 registered at Police Station University Town, Peshawar on 30‑10‑1988. In this backdrop he appears to be recidivist and, as such, can be safely labelled as a dangerous and desperate criminal within the contemplation of the fourth proviso to section 497, Cr.P.C. Be that as it may, his trial has virtually concluded, therefore, it will be more appropriate if bail is declined and the trial Court is directed to dispose of the case as , soon as possible.
This application is accordingly dismissed with a direction to the Trial Court to expedite the disposal of the case.
It may, however, be added that the observations made in this order are tentative in nature confined to the disposal of this bail application and shall not influence the mind of the Trial Court in any manner.
N.H.Q./1393/P. Bail declined.