Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497 [as amended by S.3 of Code of Criminal Procedure (Amendment) Act (VIII of 2011)]---Penal Code (XLV of 1860), Ss. 302, 324, 337, 147, 148 & 149---Qatl-e-amd, attempt to commit qatl-e-amd, causing Shajjah, rioting, common object---Bail, cancellation of---Under amended provision of S.497, Cr.P.C., if an accused was detained for a continuous period exceeding two years, and whose trial had not concluded; and delay had not occasioned by an act of accused; and accused was not a hardened, desperate, dangerous criminal, he would be released on bail---Trial Court, in the present case, allowed bail to the accused holding that he had been detained for a continuous period of 2 years, 2 months and 6 days; and the delay in the trial had not occasioned on his part---Trial Court also expressed the view that accused was not hardened, desperate or dangerous criminal---Validity---Time consumed by the counsel for accused in filing revision petition before Shariat Court and filing appeal before apex court, would be counted against the accused---Delay in conclusion of trial, in circumstances, having been occasioned by the act of accused, he was not entitled to be released on bail---Time, date and place of occurrence, the presence of accused and the prosecution witnesses, the death of the deceased by the shots of lethal weapons; and the injuries sustained by injured prosecution witnesses by firearm had been admitted by him---Accused, in circumstances, could easily be described a hardened, desperate, dangerous criminal, but the Trial Court did not apply its judicial mind towards said aspects of the case; and disposed of the matter while recording a single sentence that accused could not be declared a hardened, desperate, dangerous criminal---Impugned order passed by the Trial Court, was set aside and concession of bail to accused was recalled and he was ordered to be arrested and detained in judicial lockup. 1996 PCr.LJ 748; 1997 SCMR 32; 1998 SCMR 897; 2001 PCr.LJ (Sh.C AJ&K) 895; 1994 PCr.LJ 1468; 1998 PCr.LJ 821 and 1999 PCr.LJ 966 ref. 1996 PCr.LJ 22; 1996 PCr.LJ 704 and 2000 YLR 2581 rel. 1992 PCR.LJ 1511 and 1994 PCr.LJ…

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