1989 P Cr (PLP)

S. 497, third & fourth provisos--Penal Code (XLV of 1860), S.302--Bail- Delay in trial--Contention that more than two years had elapsed but trial had not been concluded and as such accused was entitled to bail--Bail was refused to accused by Trial Court on ground that he was a dangerous, hardened and desperate criminal--Only ground on which Trial Court came to the said conclusion was that first information report in case against accused showed that he had murdered his wife suspecting her to be a bad character--Murder on said ground being not uncommon, accused could not, on such ground, be considered to be desperate, hardened and dangerous criminal so as to deprive him of right of bail under third proviso to S.497(1), Cr.P.C.--Statement of complainant had not supported prosecution case and he had been declared hostile--Accused admitted to bail in circumstances. (b) Criminal Procedure Code (V of 1898)

S. 497(1), fourth proviso--Penal Code (XLV of 1860), S.302--Hardened and desperate criminal--Murder 'by accused of his wife suspecting her of bad character is no ground to consider accused to be a hardened, desperate and dangerous criminal as murders on such ground are not uncommon. Sardar Mohammad Ishaq for Applicant Zaheer Qureshi for the State. This bail application is moved on behalf of the applicant only on the ground that he has remained in jail for more than two years, but the trial has not been concluded and as such he is entitled to be released on bail under 3rd proviso to subsection (1) of section 497, Cr.P.C. Mr. Zaheer Qureshi learned counsel for the State states that he has not received the police papers. As the only ground raised in the application is of remaining of the applicant in jail for more than two years without trial being concluded, there appears no necessity of police papers. From the bail order it appears that the learned trial Court had come to the conclusion that the applicant was entitled to bail under the 3rd proviso to subsection (1) of section 497, Cr.P.C., as he has remained in jail for more than two years, but his bail application was rejected holding that the case was covered under the 4th Proviso to subsection (1) of section 497, Cr.P.C., as the applicant was a dangerous, hardened and desperate criminal. The only ground on which the trial Court came to the above conclusion. was the F.I.R. which has been reproduced in the bail order. From this F.I.R. it appears that the applicant had murdered his wife suspecting her to be of bad character. Such murders on such grounds are not uncommon and on this ground alone the applicant cannot be considered to be a desperate, hardened and dangerous criminal so as to deprive him of the right of bail under 3rd proviso to subsection (1) of section 497, Cr.P.C. Furthermore, Mr. Sardar Mohammad Ishaq has produced certified copy of the statement in Court, of the complainant which shows that she has not supported the prosecution and has been declared hostile by the prosecution. Under the circumstances, in my opinion, the applicant is entitled to bail under the 3rd proviso to subsection (1) of section 497, Cr.P.C. I, therefore, order the applicant to be released on bail on furnishing surety in the sum of Rs.50,000 and P.R. bond in the like amount to the satisfaction of the trial Court. M.Y.H./M-588/K Bail granted.