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Petitioner: MASHOOQUE VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): S. A. Sarwana Title: MASHOOQUE vs THE STATE Case No.: Criminal Bail Application No,S-281 of 1999 Date of Judgment:1999-12-17 Reported As: 2001 P Cr. L J 874 Result: Bail granted
Judgment ORDER ' The applicant/accused who was arrested on 8-8-1997 is undergoing trial for an offence under section 302, P.P.C. In Crime No,155 of 1997 of Police Station Kambar. The applicant has moved this bail application on the ground of statutory delay asserting that the delay in the conclusion of the trial has not been caused on account of his conduct. This is, however, opposed by Mr. Ghulam Hyder Baloch, learned counsel for the complainant who states that the accused had obtained two adjournments and the applicant/accused is a hardened, desperate or dangerous criminal which is. Evident from the fact that he killed two persons by shooting them in the head. The applicant has been in custody for a period of two years four months and 9 days till today. If 42 days are deducted which were the result of two adjournments taken by the applicant the period of custody is still over two years. The argument of learned counsel thit the manner in which the accused is alleged to have killed two persons shows that he is a hardened, desperate or dangerous criminal does not take into the account the fact that the phrase "hardened, desperate or dangerous criminal" uses the word criminal and not "person". The trial is still in progress and he is presumed to be innocent until he is convicted by the Court. ' In view of this position, the application for grant of bail on the ground of statutory delay is allowed and the accused is directed to be released on bail on furnishing surety in the sum of Rs,2,00,000 (two lakhs) with a P.R. Bond in the like amount to the satisfaction of the trial Court.