P L D 1986 Karachi 646 (PLP)

S. 497(1), 3rd & 4th provisos‑Penal Code (XLV of 1860), S. 302‑Bail, grant of‑Case pending trial for more than two years without any progress‑‑Mere fact that applicants allegedly committed two murders, held, per se not sufficient to dub them as . desperate, dangerous and hardened criminals, within meaning of fourth proviso to subsection (1) of S. 497, Cr. P.C., so as to deny them benefit of third proviso‑Applicants allowed bail, in circumstances. Abdul Jalil Abro for Applicants. Zawar Hussain Jafferi, A.A.‑G. for the State. Bail is sought only on the ground that two Years have passed but the case has not concluded though the applicants have remained in custody for more than two years. The only ground on which the bail has been rejected by the learned Sessions Judge is that because the applicants/accused have committed double murder, they are desperate, hardened and dangerous criminals and, therefore, they are not entitled to the concession of bail under third proviso to subsection (1) of section 497, Cr. P.C, Admittedly the present applicants are not involved in any case prior to this. It is argued by learned A.A.‑G that father, brother and cousins and son of the applicants are required in number of cases anti some of them are even absconding. The present applicants cannot be punished for the acts of some others though they may be very closely related to them. Every act of murder is a heinous offence for which maximum punishment of death is provided the person who. commits such offence could be termed as hardened, desperate or dangerous criminal but if that had been the intention of Legislature they would not have extended this concession of third proviso to accused in murder cases. Therefore, the mere fact that the applicants ate alleged to have committed two murder would not, peruse lead to conclusion that they are desperate, dangerous and hardened criminals within the meaning of fourth proviso to subsection (1) of section 497, Cr. P. C. so as to deny them the benefit of third proviso unless there is other material which can persuade the Courts to come to such a conclusion. 'There is no such other material. The case has been pending :'or more than two years. The diary of the case shows that neither charge has been framed nor even the witnesses have been summoned. The learned trial Court is directed to dispose of the case within six months under intimation to this Court. For the present the applicants are entitled tot bail under third proviso to subsection (1) of section 497, Cr. P.C. as their case apparently is not hit by fourth proviso. They are ordered to be released on bail in the sum of rupees one lac each and P.R. in the likes amount to the satisfaction of the trial Court. S. G. D. Bail allowed.