Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 411

Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 17(3)

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.411---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)---Bail, grant of---Except some currency notes, neither the pistol nor any other articles belonging to the complainant were recovered from accused---Recovery of currency notes, was also a begging question---Accused and his co-accused had no previous history of car snatching or committing robberies---Accused along with co-accused remained in police custody; they were extensively interrogated and were subjected to police tactics, but they did not confess; and despite such long stay with the police, they were never put to identification parade which was a must---Challan had been submitted to the Trial Court on 17-12-2008, but not a single witness from the prosecution had been examined and no good reason was shown for such gross default although the police witnesses and the complainant all resided at a distance of a few kilometers from the premises, where the trial was being held---Major factors causing delay in disposal of bail application was the conduct of complainant party-Delaying tactics were consistently pressed into service in a well calculated manner to thwart the grant of bail and even the process in the trial of accused by deliberately avoiding the court process, not procuring counsel to plead its case well in time and also withholding witnesses from the Trial Court---Unnecessary adjournments obtained, certainly brought to halt the progress of inquiry or trial in the lower court and the process of investigation by the police in the case---Judicial Policy Making Committee headed by the Chief Justice of Pakistan had described the time limit for disposal of bail petitions and matters of alike nature, therefore, it had become more essential to reduce the scope of the privilege of the complainant party in such-like matters and to put it into the correct channels---Unnecessary delay having been caused in the disposal of the main case, accused was admitted to bail. JUDGMENT DOST MUHAMMAD KHAN, J.--- Petitioner Inayat Ali has been booked along with his co-accused vide F.I.R. No.1123 dated…

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