Law: Criminal Procedure Code (V of 1898)

Section: 497(1),fifthproviso,154

Law: Pakistan Penal Code, 1860

Section: 302,392,394,411,396

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(1), fifth proviso---Penal Code (XLV of 1860), Ss. 302, 392, 394 & 411---Qatl-i-amd, robbery, voluntarily causing hurt in committing robbery, dishonestly receiving stolen property---Bail, refusal of---Delay in conclusion of trial occasioned by adjournments sought by defence side---Effect---Bail was moved by accused on ground of statutory delay in conclusion of his trial, however accused and his co-accused had shown delinquency at trial and sought adjournments one after the other---On seventeen (17) occasions adjournments were sought when prosecution witnesses were in attendance for their examination by Trial Court---Adjournments earned by defence side in a particular situation, may cause wastage of dozen ensuing dates of hearing, which prolonged proceedings of the trial---Accused had been implicated by the complainant and witnesses for not only forcibly snatching mobile phones but also killing one person in the process---Such an offence made the accused a desperate or hardened character, bringing his case within the exception clause of S. 497(1), fifth proviso, Cr.P.C.---Bail application of accused was dismissed in circumstances with a direction to Trial Court to conclude trial within six months. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(1), fifth proviso---Bail---Delay in conclusion of trial, computation of---Adjournments sought by prosecution and defence side---Law did not require that adjournments sought by defence may be compared with adjournments obtained by the other side, so as to draw a mathematical equation as to who outnumbered whom, nor digits could be juggled with for said purpose. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 497(1), fifth proviso & 154---Bail sought on ground of statutory delay in conclusion of trial---Desperate and hardened nature of accused, determination of---Story of F.I.R. could be validly gone into while adjudicating a bail application under S. 497(1), fifth proviso, Cr.P.C. to formulate an opinion as to whether or not, mode of occurrence hinted at desperate/hardened character or disposition of the accused. (d) Criminal Procedure Code (V of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492