Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(1), proviso 1st---Penal Code (XLV of 1860), Ss.380 & 458---Theft in dwelling house, lurking, house-trespass by night---Bail, refusal of---Delay in conclusion of the trial had occasioned due to non-appearance of the lawyers, who were on strike on most of the dates on which the case was fixed for evidence of prosecution witnesses---Delay in conclusion of the trial, was not attributed to the prosecution in any manner---Case was fixed on different occasions for evidence of prosecution witnesses, who were present in the court, but their evidence could not be recorded due to non-production of co-accused, or non-availability of the lawyers, who were on strike---Accused, could not be given benefit of non-appearance of counsel due to strikes, as it was responsibility of accused to ensure availability of his counsel on each and every date of hearing, especially when prosecution witnesses had appeared for recording of evidence---Act or omission on the part of accused, which resulted in delay in conclusion of the trial, would disentitle him to the concession of bail under first proviso to S.497(1), Cr.P.C.---Bail petition being devoid of merit, was dismissed with direction to trial court to conclude the trial within a specified period. The State v. Aijaz alias Fouji Lashari and others 2013 PCr.LJ 1331 and Khalid v. The State 2014 PCr.LJ 437 rel. ORDER MUHAMMAD FARRUKH IRFAN KHAN, J.---This is the third petition on behalf of the petitioner seeking post arrest bail on statutory ground in case FIR No.42/2012 dated 25-1-2012, registered under sections 458/380, P.P.C. at Police Station, Shorkot City, Jhang. The peti-tioner's first bail petition (Cr.Misc.258-B/ 2013) was dismissed on merit, vide order of this Court dated 23-1-2013. His second bail petition (Cr.Misc.No.3372-B/14) was dismissed as withdrawn on 8-4-2014 as he wanted to approach the learned trial Court on statutory ground of delay in conclusion of the trial. The petitioner approached the learned trial Court for post arrest bail on statutory ground but the same was dismissed by the learned trial Court on 16-7-2014 and thereafter by the learned Additional Sessions…

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