Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 148, 149 & 109---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly, abetment---Bail, grant of---Statutory ground of delay in conclusion of trial---Joint trial of accused and co-accused persons---Delay in conclusion of trial caused by abscondment of co-accused persons---Effect---High Court refused to grant bail to accused on statutory ground of delay in conclusion of trial on basis that such delay occurred due to the abscondment of co-accused persons, who were closely related to the accused---Validity---Accused and some of the co-accused persons were being tried jointly---Only because some of the co-accused persons had absconded causing delay in conclusion of trial, was no ground to deprive the accused from bail---Trial of the accused could have been separated, if co-accused persons had absconded and were causing delay in conclusion of their joint trial with the accused---Besides nature of relationship between the accused and co-accused persons had not been described by the High Court, while declining bail to accused---Accused was granted bail by the Supreme Court in circumstances. ORDER IJAZ AHMED CHAUDHRY, J.---Through this petition, the petitioner seeks post-arrest bail on statutory ground in case registered vide FIR No. 667 dated 19-7-2012 under sections 302, 148, 149 and 109, P.P.C. at Police Station Model Town, Gujranwala. 2. Brief allegation against the petitioner is that he along with co-accused has committed murder of one Dr. Ahmed Ghaffar, paternal uncle of the complainant with firearms. 3. Heard.…

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