2001 PLP 202 (YLR)

Sharafat Ali Khan for the State. Mohammad Azeem son of Saeed Ahmed is lacing trial before the learned IIIrd Additional Sessions Judge, Karachi, South in Criminal Bail Application 688/2000 registered at Police Station, Clifton. Karachi in F. I. R. No.110/95 under sections 420/468/ 471/34. P.P.C. The applicant was arrested by Syed Nazir Hussain, Inspector, C.I.A., Garden Karachi in the abovesaid crime on the basis of he report, case was registered by Clifton Police. During the course of investigation charge‑sheet against the above-named accused as submitted before the learned A.C.M. on 27-11-1995. Applicant/accused was granted bail on 22-3‑‑1995. The applicant/accused while t acing trial absented himself on the date of hearing on 14‑1‑1996 and he remained absent till 19‑9‑2000. The said case was transferred to learned Judicial Magistrate VIth (South) X here the proceedings were initiated under sections 87 and 88, Cr.P.C. against the applicant/accused and till then the file was kept in dormant. On 19‑9‑2000 the applicant/accused surrendered before the trial Court and the accused was remanded to judicial custody since then. The bail plea was moved before the learned Judicial Magistrate who was pleased to reject the same on 16‑10‑2000. Therefore, the bail application was moved before learned Sessions Judge South at Karachi who was pleaded to transfer the same to the learned Additional Sessions Judge South where the bail application was also rejected on 18‑12‑2000. Therefore the present bail application has been moved. It is contended by the learned counsel for the applicant that applicant/accused was granted bail by the learned A.C.M. II, Karachi on merits, but the applicant accused thought that the case has been concluded therefore the applicant/ accused was not attending the Court due to misconception. It is further contended by the learned counsel that the alleged offence is not punishable to death or life imprisonment or 10 years and as such the case of applicant/accused does not fall within the prohibitory clause of section 497, Cr.P.C. The applicant/accused was produced by the surety in the trial Court which suggested that the applicant was not served with the process of proclamation issued by the trial Court and the process was deliberately returned un-served by the process‑server, even the Inspector Syed Nazir Hussain Shah who is complainant in the said F.I.R. and the other prosecution witnesses are not traceable. The applicant/accused has remained in judicial custody since last more than three months and the applicant/accused was granted bail on merits by the trial Court and the said case is pending since 1995 and there is no progress from the date of institution, up to 11‑1‑1996. The applicant/accused has rendered himself on 19‑2‑2000 and there is no process for the conclusion of the case. Learned State Counsel has also conceded that the applicant/accused be granted bail on fresh sureties. In view of the grounds urged by the learned counsel applicant/accused is entitled for grant of bail till the trial is concluded. The applicant/accused is granted bail in the sum of Rs.50,000 with two sureties and P.R. bond in the like amount to the satisfaction of the trial Court. N.H.Q./M‑183/K Bail allowed.