Law: Criminal Procedure Code (V of 1898)

Section: 497(1)

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 15

Law: Pakistan Penal Code, 1860

Section: 148,149,302,324

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(1), third and fourth provisos---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon and common object---Possessing unlicensed arms---Bail, grant of---Statutory delay---Scope---Petitioner sought post arrest bail on the ground of statutory delay in conclusion of trial---Petitioner had been convicted by the Trial Court whereafter, on appeal, High Court had remanded the case for examination of material witness---Held, bail on statutory ground of delay could not be denied under the discretionary power of the court---Bail under third proviso to S. 497(1), Cr.P.C. could be refused only on the ground that the delay in the conclusion of trial had been occasioned on account of or any act or omission of the accused or any other person acting on his behalf---Bail under third proviso to S. 497(1), Cr.P.C. could also be refused to an accused by the court, if his case fell under the fourth proviso to S. 497(1), Cr.P.C. but in all other cases, the court must grant bail---Complete period spent by accused in jail was countable while deciding the bail petition on statutory delay and it was immaterial whether the period was spent as convict or under-trial prisoner---Petitioner had continuously spent three years in jail, therefore, he was entitled to the grant of bail as a matter of right and not a matter of grace---Petition for grant of bail was accepted. Wazir Ali v. The State PLD 2005 Kar. 201 and Sher Ali alias Sheri v. The State 1998 SCMR 190 rel. (b) Criminal trial--- ----Early trial---High Court observed that early trial is an inherent right of accused and inordinate delay in imparting justice was likely to cause erosion of public confidence on the one hand, and on the other, it is bound to create sense of helplessness, despair and feelings of frustration apart from adding to the woes of public. Behram v. The State 2003 PCr.LJ 73 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Statutory delay---Scope---Where a case of statutory delay in the conclusion of trial is made out,…

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