Law: Pakistan Penal Code, 1860

Section: 337D,337F(v),337F(i),324,148,149

Law: Criminal Procedure Code (V of 1898)

Section: 497

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.337-D/337-F(v)/337-F(i)/ 148/149---Jaifah, damiyah and hashimah---Bail, refusal of---Accused was named in the F.I.R. with specific role---Version of the F.I.R. was supported from the statements of the prosecution witnesses and was further corroborated from the Medico-legal report of the injured female and the recovery of Kalashnikov from the accused---Empty of Kajashnikov had also been recovered from the spot, but it had not been sent for matching---Accused along with co-accused, in the first instance threatened complainant of dire consequences and after one hour implemented said threat by firing direct shot from his Kalashnikov upon the chest of the innocent lady belonging to the complainant side---After the occurrence accused became fugitive from law for about I5 days and was arrested during raid conducted by the Police---Case of accused was quite distinguishable from the case of co-accused who had been admitted to bail by the High Court---Accused, in circumstances, could not claim bail on the principle of rule of consistency---Offence against accused also fell under the prohibitory clause of S.497, Cr.P.C.---Accused having no case for bail, his bail application stood dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.337-D/337-F(v)/337-F(i)/ 148/149---Jaifah, damiyah and hashima---Bail, refusal of---Direction of court for disposal of case within a particular period of time---Trial Court had recorded 16 out of 18 prosecution witnesses and statements of two Police Officials, were yet to be recorded---No doubt direction of High Court was to decide the case before specified period, accused, however, would not become entitled to the concession of bail on that ground---Direction by a superior court for disposal of a case within a particular period of trial, was always directory in nature; and such a direction should be followed as far as possible, keeping in view the interest of justice---Care should be taken that justice was not sacrificed at the altar of expeditious disposal of cases---Direction issued by High Court…

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