1996 P Cr (PLP)

Sheikh Azizur Rehman for the State. A bail application bearing No.1191 of 1995 was filed earlier to the present bail application by one of the accused, namely, Deedar Ali son of Ghulam Qadir, which was rejected on 16-4-1995 vide my detailed order. Learned counsel for the applicants/accused argued that the accused are no more required by the police and they are rotting in jail since 26-5-1994 He has submitted that there is a delay in lodging the F.I.R. as the same was lodged after the investigation. He has further submitted that the provisions of section 103, Cr.P.C. have not been complied with. The main thrust of his arguments is that the accused are entitled to the concession of bail on statutory ground as provided under section 497(1)(a), Cr.P.C. and, according to him, the charge has not been framed as yet. He has placed reliance, in support of his contention, on 1995 PCr.LJ 575, which reads as under:-- "S. 497/498 Accused who completes statutory period of delay, would be entitled to grant of bail. " He has also placed reliance on 1995 PCr.LJ 114, which reads as follows:-- "S. 497

Prosecution had failed to conclude its case within a period of one year and refusing bail at such stage would have-amounted to giving a licence to the State to deprive any citizen of his liberty simply on the plea that the allegation against him was of selling narcotics. " Mr. Sheikh Azizur Rahman, learned counsel for the State, has opposed the bail and stated that the accused persons are hardened, desperate and dangerous criminals. According to him, apart from this crime the applicant/accused Manzoor Hussain is also involved in Crime No.217/94 under section 13-D of Arms Ordinance, registered at Police Station Khawaja Ajmir Nagri and also involved in F.I.R. No.73/83 under section 399, P.P.C. registered at Police Station Ratodero, Larkana, and the case is pending before the learned Additional Sessions Judge, Larkana; while the applicant/accused Deedar Ali is involved in Crime No.215/94 under section 13-D of Arms Ordinance, registered at Police Station Khawaja Ajmir Nagri, apart from this offence. Learned counsel for the State has also pointed out that the accused persons were arrested by the Crime Branch Police and subsequently the accused were handed over to the Khawaja Ajmir Nagri Police. I have heard the arguments of both the learned counsel and with their assistance have also perused the police papers. I am of the view that there is no delay in lodging the F.I.R., as the written complaint was immediately submitted by the complainant to the Incharge of Police Station Khawaja Ajmir Nagri giving full details of the property which was taken away by the culprits as well as the description of the accused. It is observed that due to the negligence and fault of the police official for not registering the case immediately, the accused cannot take advantage of it and the complainant cannot be penalised for the fault of the, S.H.O., for which the Home Secretary may take appropriate action against the concerned police official. Recoveries were also made in presence of private Mashirs, details of which have already been given in Criminal Bail Application No.191 of 1995, and Mashirnamas were also prepared to that effect. One of the accused, namely, Maula Bux is still absconding. Further the perusal of the diary shows that the accused have not been produced by the jail authorities owing to the prevailing law and order situation in the city for want of police escort. The prosecution cannot be at fault due to non-availability of police escort and non-production of the accused from the jail. Further, upon perusal of rulings cited by the learned counsel I am of the view that these rulings are of no help in the instant case as they are distinguishable and the circumstances are altogether different in both the citations: As pointed out by the learned counsel for the State that the accused are desperate, hardened and dangerous criminals. I am not inclined to grant them bail. This bail application is accordingly rejected. N.H.Q./M-2167/K Bail refused.