1985 P Cr (PLP)

M.A. Kazi for Appellant. M.I. Memon, Addl. A.‑G. for the State. The case under section 302, P.P.C. against the applicant Mehmood Hussain alias Pervaiz is pending for trial in the Court of VIIIth Addl. Sessions Judge, Karachi. Prosecution case is that on 20‑1‑1982 applicant in the mornit;k, was making rounds in front of the parents of Mehboob Khan wl;er; Muhammad Ibrahim stopped him not to there and quarrel took place an~1 applicant went away. On the same day about 8.30 it was found that applicant and Muhammad Ibrahim were quarrelling with each other when, Mehmood Hussain alias Pervaiz took out a Chhuri and gave him ‑low on right side of the stomach. This incident was witnessed by GhuW;) Mustafa, Abdur Rashid, Javed and others. Injured Muhammad Ibrahim was removed from the Wardat by his brother Mehboob Khan to Abbasi Shaheed Hospital in a Suzuki but as soon as they reached in the hospital Muhammad Ibrahim died. Mehboob Khan went and lodged report at Police Station Korangi Karachi on the same day at 2.30 p.m. The case is now pending and trial has proceeded. Mr. M. A. Kazi, Advocate for the applicant has contended that the fight between applicant and deceased Muhammad Ibrahim was a sudden one and there is only solitary Chhuri blow therefore there was no intention whatsoever on the part of the applicant to commit the murder. He has also argued that in the same circumstances this Court granted bail to accused and he has referred Cr. Bail Appl. No.151/82, decided on 2‑3‑1982 and Cr. Bail Appl. No.139/82 where bail was granted 1c, accused Muhammad Hanif on 1‑3‑1982. He has further argued that cage has proceeded and complainant before the trial Court has admitted that incident took place due to harsh words exchanged between the deceased and the accused and all of a sudden accused took out Chhuri and inflicted blow to the deceased. Mr. M. I. Memon, Addl. Advocate‑General appearing for the State has submitted that in this case there seem to be no premedication on the part of the accused and fight being sudden one and there being one injury on the part of the deceased. Therefore he has objection to the grant of bail. The complainant in the F.I.R. has stated that he while going t<< his house saw applicant Mehmood Hussain alias Pervaiz and his brother Muhammad Ibrahim quarrelling with each other and then applicant took out Chhuri and gave him blow on right side of his stomach. It is l nowhere in the F.I.R. that the applicant attempted or tried to cause another blow to the deceased. Before the trial court it has also been admitted that fight was sudden one. Under these circumstances it is yet to be seen what offence applicant committed if found guilty. The record also shows that applicant has remained in jail for more than '' years though delay is not on the part of prosecution but it is the accused at whose behest the trial could not be concluded however, the circumstances that he has remained in jail for more than 2 years as under‑trial prisoner coupled with the facts stated above and the authorities cited by the learned counsel for the applicant. I am of the view that at this stage without prejudice to the prosecution and going deeply on the merits of the case I feel that concession of bail could be extended to the applicant. I, accordingly, admit him to bail on furnishing two sureties in the sum of Rs.50,000 each and PR bond in the like amount to the satisfaction of the trial court. Before parting with this order it is relevant to say that trial has already been protracted and in future if anything is done by the accused to protract the trial the learned Judge is at liberty to cancel the bail and I further direct that within 6 months this case be concluded M. Y. H.????????????????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.