Full Judgment Text & Judicial Ruling

1994 P Cr

1994 P Cr. L J 1327

[Lahore]

Before Khalil-ur-Rehman Ramday, J

ZAHOOR AHMAD---Petitioner

Versus

THE STATE---Respondent

Criminal Miscellaneous No.4867/B of 1993, decided on 19thFebruary, 1994.

Criminal Procedure Code (V of 1898)---

----S. 497---Bail, grant of---Due to non-engagement of defence counsel by the accused trial could not proceed for about ten months---Delay in conclusion of the trial, therefore, could not be said to be not attributable to the accused-- Bail was declined to accused in circumstances.

Haji Muhammad Ashraf Butt for Petitioner.

Muhammad Azam Tariq for the State.

ORDER

This is the fifth application moved by the petitioner for his release on bail. Detailed orders have been passed in the earlier petitions bearing Criminal Miscellaneous No.3856/B of 1993 and 1272/B of 1993. The report called from the learned trial Court has since been received and perused. According to this report, it was on account of the non-engagement of the defence counsel by Zahoor petitioner that the trial could not proceed from February, 1993 till December, 1993. In the circumstances it could not be said that the delay which had occurred in the conclusion of the trial was not attributable to the petitioner.

2. Consequently, this petition is dismissed.

3. The learned trial Court is, however, directed to take up this trial and to conclude the same within three months.

N.H.Q./Z-109/L Bail refused.

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