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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD HUSSAIN VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 2183 (2)
[Lahore]
Before Khizar Hayat, J
MUHAMMAD HUSSAIN‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No.545/B of 1988, decided on 20th March, 1988
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd), Order (4 of 1979), Arts. 3 & 4‑‑Bail, grant of‑‑Petitioner, found in possession of 150 grams of heroin, in jail for the last ten months and not a. single witness examined so far‑‑Petitioner allowed bail, in circumstances.
Ch.Nazir Ahmad for Petitioner.
Aftab Sherazi for the State.
ORDER
Muhammad Hussain, petitioner was arrested on 11‑5‑1987 as he was found in possession of 150 grams heroin. He was denied the concession of bail by me on 18‑1‑1988. The instant petition has been repeated on the ground that despite ten months period having gone by not a single prosecution witness has so far been examined. It is a right of the accused to be tried expeditiously. The legislature had to bring amendment in the relevant provision of law, providing that bail must be granted when a trial has not concluded within prescribed, period. Here, the petitioner is in jail for the last ten months and so far not .a single witness has been examined. In the circumstances, the petitioner has a good case for grant of bail. The petition is, therefore, allowed. The petitioner shall be released subject to his furnishing bail bond in the sum of Rs.25,000 with two sureties each in the like amount to the satisfaction of trial Court, during pendency of the trial.
S.G.D./M‑647/L Bail allowed.