Law:

Section:

Keywords: Delay, Magistrate, Prosecution, Leave, Procedure, Receiving Treatment, Order, Defence, Examination, Cross-Examination Result: Petition dismissed ORDER This order will dispose of Criminal Bail Applications 473 and 491 of 1972. In the former Ashfaq Ahmad and Mohammad Abbas have applied, for bail and in the latter, Chowdhry Ahrar Mohammad alias Shola Aswani. In both the applications, the ground is of delay in the conclusion of the trial. In the earlier applications also the same ground of delay was taken but I had rejected them since the delay could not be solely attributed to either the Court or the prosecution agency. Vide order dated 23rd October 1972, I had deferred the hearing of these applications on the undertaking given by the Assistant Advocate General that the trial will conclude within a month and on this promise the learned counsel for the applicants stated that the hearing be put off for a month. They were again posted for hearing on 4th December 1972. On that date, the learned counsel for the applicants pressed the point of delay and referred me to the order sheet subsequent to 23rd October 1972, ors which date I had passed the order deferring the hearing of the applications. There were in all six hearings. The first was on 24th October 19 2. It was adjourned to 31st October 1972 as neither the accused were brought from the Central Jail nor was Mr. Ahsanullah Qadri, one of the defence counsel, present, though the witness, Muhammad Ali who was to be cross-examined by him, was present. On 31st October the case could not proceed as the trial Judge was on leave. On the next date of hearing, VIZ., 7th November, the accused were not brought from jail while the defence counsel were present and the A. P.…

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