Law: Criminal Procedure Code (V of 1898)

Section: 497(1),provisothird

Law: Constitution of Pakistan, 1973

Section: 10A

Law: Pakistan Penal Code, 1860

Section: 302,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(1), proviso third---Bail, grant of---Statutory ground of delay---Principle---Proviso third to S.497(1), Cr.P.C., had provided that a person charged with an offence punishable with death, was as of right entitled to be released on bail, if he had been detained for such an offence for a continuous period, exceeding two years---Such was subject to certain conditions; firstly; the court had to form an opinion that the delay in the trial of accused had not been occasioned by accused, or due to omission attributed to the person acting on his behalf; secondly accused was a previous convicted offender for an offence punishable with death, or imprisonment for life; thirdly, accused was not in the opinion of the court, a hardened, desperate or dangerous criminal; and he was not accused of an act of terrorism punishable with death or imprisonment for life. Nazir Hussain v. Zia ul Haq and others 1983 SCMR 72; Sher Ali alias Sheri v. The State 1998 SCMR 190; Akhtar Abbas v. State PLD 1982 SC 424; Moundar and others v. The State PLD 1990 SC 934; Abdul Rashid v. The State 1998 SCMR 897; Zahid Hussain Shah v. The State PLD 1995 SC 49 and Muhammad Siddique v. Muhammad Behram and another 1998 PCr.LJ 358 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(1), proviso third---Penal Code (XLV of 1860), Ss.302 & 34---Constitution of Pakistan, Art.10-A---Qatl-i-amd, common intention---Bail, grant of---Trial in the case had been delayed, which was attributed to, either the State or the complainant---Right to a fair trial was guaranteed under Art.10-A of the Constitution; and the most essential constituent of a fair trial was to conclude the same expeditiously and without delay---Right to a fair trial was not merely restricted to accused, but the complainant as well---Purpose of avoiding delay, was to ensure that the sanctity of the proceedings remained protected, which inherently included securing credible evidence---Delay would defeat the ends of justice, and could seriously undermine the possibility of a fair trial---Delay in a trial, would result in an inherent risk of undermining and eroding the credibility of the…

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