1998 PLP 1529 (PCRLJ)

RAJA QURESHI, J.‑‑‑ Bail is sought by the applicant in respect of ('rime No.71 of 1996 under section 13(A)(2) of the Arms Ordinance registered at Police Suction Taluka Nawabshah. Briefly the facts of the case are that on 23‑II‑1996, S.H.O. Azizullah of Police Station Taluka Nawabshah had reported that he was in the process of an investigation of Crime No.69 of 1996 under section 324, Qisas and Diyat Ordinance and Crime No.70 of 1996 under section 324, Qisas and Diyat Ordinance registered at Police Station Taluka Nawabshah and when they had reached the hostel AB at about 19‑30 hours on the road going to Sukkur, they saw a light of, a vehicle that the accused wanted in Crime 'No.69 of 1996 under section 324, Qisas and Diyat, 147, 148 and 149, P.P.C. namely Murtaza Shahani and in order to catch a transport who upon seeing the police started to run towards the jungle but was accordingly surrounded and apprehended. Upon his search, one TT Pistol with magazine was staled to have been recovered from the right fold of his Shalwar alongwith three bullets in the magazine Licence of the weapon was demanded which the applicant failed to produce, hence upon investigation, an offence of 13‑D was made out and consequently applicant was challaned before the Court of the learned Special Judge (S.T.A.), Nawabshah. The learned counsel has stated before us that the applicant is in custody since 23‑11‑1996 whereas bail could be granted to him on the basis of successive Ordinance being promulgated and no explanation whatsoever has been put forth as to why private Mashirs were not taken as Mashirs of recovery and further that there is a statutory delay which would entitle the applicant to be released on bail. Oft the other hand, the learned State Counsel has opposed the grant of bail on the ground that the punishment prescribed for the alleged offence is life imprisonment and further ground of statutory delay has not been raised before the learned trial Court. We, upon consideration of the merits of the case, are of the opinion that let the applicant, in the first instance, move his application for bail on the ground of statutory delay before the learned trial Court as the learned trial Court has not taken into consideration the ground of statutory delay for the purposes of grant of bail which was not urged by the applicant. Hence, for the present this application is dismissed. It will, however, be open to the applicant to move his application before the learned trial Court seeking bail on the ground of statutory delay, which would be considered on its own merit. Observations made hereinabove are tentative in nature and would not be a consideration for acceptance or rejection of bail by the learned trial Court. Application dismissed. H,B.T./G‑55/K Application dismissed.