Law:

Section:

Criminal Procedure Code (V of 1898)------S.497(1), third proviso---Penal Code (XLV of 1860), S.302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal---Bail---Accused was behind bars for more than two and a half years and trial was being delayed for want of arrest of co-accused who was not likely to be arrested soon---Keeping accused in prison without any prospects of trial commencing at an early date would indeed be a hardship and prejudicial to his interests and any further delay could not be countenanced---Separation of case of absconding co-accused from that of already arrested accused was thus directed with further direction to start trial against them without any further delay---Petition for leave to appeal with these observations was dismissed. ORDER NASIM HASAN SHAH, J.--This is a petition for leave to appeal against the order dated 23-10-1989 passed by a learned Single Judge of the Lahore High Court refusing to grant bail to the petitioner (lftikhar Ahmad) who is charged under Section 302, P.P.C. The relevant facts are that on 24-1-1987 at about 7.30 a.m. Riaz Ahmad, complainant in the company of his father Sultan Ahmad deceased, Abdur Rehman, brother and Muhammad lqbal were proceeding to the house of their maternal-uncle Muhammad Bashir. They were waylaid by the petitioner Iftikhar Ahmad, his real brother Zulfiqar (still absconding), Muhammad Yaqoob and the son of Iftikhar Ahmad namely Ghulam Mustafa who were respectively armed with .7 MM rifle, stengun,.12 bore gun and rifle and that at the exhortation of Zulfiqar, the petitioner Iftikhar Ahmad fired at the complainant's father Sultan Ahmad deceased hitting him on the right side of the head. As a consequence whereof Sultan Ahmad succumbed to the injury on the spot. The motive of the alleged occurrence is the previous enmity between the parties. The petitioner Iftikhar Ahmad.and Muhammad Yaqoob were arrested on 20-2-1987. Both of them applied for bail on the ground that they had been behind the bars for the last two years and were, accordingly, entitled to the concession of bail and secondly that Muhammad Yaqoob was an old man of 70 years to whom no injury was attributed. On behalf of the…

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