1998 P Cr (PLP)

‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.334/353/332/427/147/148/149‑‑ Bail, grant of‑‑‑Prosecution opposed grant of bail to accused contending that accused was a hardened, desperate and dangerous criminal and that eleven criminal cases were pending against him‑‑‑Held, until and unless guilt was proved, accused would be deemed to be innocent and mere registration of number of cases against accused, without conviction, was no ground for withholding grant of bail, especially when accused was not a previous convict‑‑ More than a year had elapsed in case of accused, but trial had not started and even a single witness had not been examined‑‑Accused, otherwise also had become entitled to grant of bail on statutory ground of delay..‑Bail was granted to accused accordingly. 1997 SCMR 412; 1997 MLD 1496; 1997 MLU 1202 and 1997 MIL 1743 ref. Raja Sardar Ahmed for Applicants. Haleem Siddiqui for the State. The applicants/accused Rahim @ Rehmat and Muhammad Shareef alias Ketcho have applied for bail in a case arising out of FIR. No.52 of 1995 registered against them at Police Station Kalakot, dated 18‑1‑1995 under sections 324/353/332/427/147/148 and 149, P.P.C. The facts of the prosecution case are that on 18‑2‑1995 S.‑I. Muhammad Ishaq was patrolling in the area. alongwith other subordinate staff when at about 1800 hours he on receiving spy information reached at Hassan Pir Muhammad Road, Usmanabad Mill Area, in connection with the arrest of absconding accused, where he found accused Muhammad Asif and Muhammad Shareef alias Ketcho alongwith their companions (1) Abdul Rehman (2) Rahim and Rehmak and (3) Nazeer Duly armed. He encircled the accused in order to arrest them but an encounter took place with the result accused Muhammad Asif was injured and subsequently succumbed due to injuries at the spot. It is further alleged that Head Constable Mehboob Elahi also received injuries and Mobile was damaged. Police secured one T.T. Pistol from the hands of the accused Muhammad Asif which was taken in possession under the Mashimama. He then came at the police station and lodged the present F.I.R. Accused was arrested on 17‑4‑1996 and after usual investigation was sent in the trail Court to stand trial, Application for bail was moved in the trial Court on the ground of statutory delay but the same was rejected by the learned Vth Additional Sessions Judge South Karachi on 1‑8‑1997. I have heard Mr. Raja Sardar Ahmed Khan, Advocate for the applicants/accused and also heard Mr. Haleem Siddiqui the learned counsel for the State. Learned counsel for the accused has contended that more than a year has elapsed but trial has not started and even a single witness has not been examined in the case, hence accused is entitled to bail in terms of their proviso to section 497, Cr.P.C. He has placed reliance on 1997 SCMR 412, 1997 MLD 1496, 1997 MLD 1202 and 1997 MLD 1743. The learned state Counsel has opposed the grant of bail and has contended that accused is a hardened, desperate and dangerous criminal and he has further submitted that 11 criminal cases are pending against him, It is cardinal principle of criminal jurisprudence that until and unless guilt is proved man is innocent, mere registration of a number of cases against the accused without conviction is no ground for withholding the grant of bail on the ground of statutory delay particularly under he is not a previous convict. Admittedly, accused was arrested on 17‑7‑1996 and the case diaries of the trial Court reveal that not a single witness has been examined so far. In the above circumstances, applicants are granted bail on their furnishing solvent surety in the sum of Rs.2,00,000 (Rupees two lacs only) and P.R. Bond in the like amount to the satisfaction of the trial Court. Announced in open Court. H.B.T./R‑40/K Bail granted.