Law:

Section:

(a) Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Penal Code (XLV of 1860), Ss. 302 & 34---.---Qatl-i-amd; common intention---.---Bail, refusal of---.---Ground of statutory delay in conclusion of trial---.---Accused had been nominated in the FIR with the specific allegations as to murder of the deceased, which fact was also found support from the statements of the prosecution witnesses recorded under S. 161, Cr.P.C---.---Nothing was available on the record to show that the prosecution witnesses had any ill will or grudge against the accused---.---Accused was prima facie involved in the case, falling under the prohibitory clause of S. 497, Cr.P.C---.---Accused had claimed bail on statutory delay, but out of thirteen prosecution witnesses, eight material witnesses, including the complainant, had already been examined, four witnesses had been given up by the prosecution and evidence of only one witness/Investigating Officer was left, and non-conclusion of the trial within the period of two year was due to the non-availability of the defence counsel on many dates and the adjournment made on his request---.---Defence counsel had sought adjournments on thirteen occasions, which showed that the defence was responsible for causing delay in finalization of the trial---.---Law had to see whether finalization of the trial had taken place on account of delay caused by the defence---.---Substantial progress had already been made in the case and the trial of the accused was near completion---.---Deeper appreciation of the evidence, under said circumstances, was not permissible at bail stage---.---Bail application was dismissed accordingly. Zaigham Ashraf v. The State and others 2016 SCMR 18; Chairman NAB through PGA NAB Islamabad v. Muhammad Khalid 2016 SCMR 676; Muhammad Nadeem Anwar and another v. National Accountability Bureau and others PLD 2008 SC 645; Sher Ali alias Sheri v. The State 1998 SCMR 190; Ghulam Sarwar v. The State 1990 SCMR 1045; Nazir Hussain v. Ziaul Haq and others 1983 SCMR 72; Jaggat Ram v. The State 1997 SCMR 361; Shaukat Ali v. Ghulam Abbas and others 1998 SCMR 228; Haji Muhammad Siddique and others v. The State PLD 1994 SC 93;…

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