Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497, 1st proviso---Penal Code (XLV of 1860), Ss. 302/324/148/149/337-F(i)/ 337-F(v)---Qatl-e-amd, attempt to commit qatl-e-amd, rioting armed with deadly weapons, unlawful assembly, ghayr-jaifah-­damiyah, ghayr-jaifah-hashimah---Bail, grant of---Delay in conclusion of the trial---Accused suffering from Hepatitis C--Allegation against the accused was that he along with the co-accused, while armed with firearms and in furtherance of their common object, launched a murderous assault on the complainant party and killed the deceased---Role attributed to the accused was that he fired at and hit the deceased on his right hand---Contentions of the accused were that one of the co-accused had been allowed bail; that the accused was suffering from Hepatitis C; that more than an year passed since the bail application of the accused was dismissed by the High Court on merits, but there was no progress in the trial---Validity---Injury attributed to the accused was on a non-vital part of the body depicting non-contribution of the accused towards death of the deceased---Veracity of the allegations levelled against the accused could be determined by the Trial `Court after recording of evidence---Disease of the accused needed constant care, treatment and special diet, which ordinarily was not available in jail---Accused being a sick person, his case was covered by 1st proviso to S. 497, Cr. P. C---Trial of the accused had been lingering on and had not been concluded as yet---Prosecution had not alleged that the delay in trial had been caused by the accused---Bail petition of the accused was allowed and he was admitted to bail. Shah Nawaz and others v. The State and another 2008 SCMR 1436 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497 & 369---Bail, grant of---Court not to alter ---Scope---Appli­cability of S. 369, Cr.P.C. to subsequent bail application---Scope---Word ' ' used in S. 369, Cr.P.C., meant a final decision of ease/trial and was not applicable to interlocutory order unless it culminated into conviction or acquittal of the accused by the Trial Court, therefore, when subsequent bail application revealed…

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