Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 114,148,149,302,353

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 353, 114, 148 & 149---Qatl-i-amd, assault, abetment of offence in presence of abettor, rioting, unlawful assembly---Post-arrest bail, refusal of---Statutory ground---Delay in conclusion of trial---Scope---Question was as to whether directions issued by the High Court to the Trial Court for concluding the trial in stipulated period were mandatory or directory in nature---Scope---Petitioner/accused contended that he was entitled for the concession of bail as Trial Court had not concluded the trial in period of six months as directed by the High Court---Record revealed that complainant and his witnesses had been in attendance before the Trial Court but their evidence could not be recorded for the reason that legal heirs of deceased had entered intocompromise with some of the co-accused and process of effecting compromise between the parties had taken sometime, and the case could not proceed; however, at the moment the case was ripe for recording of evidence---Directions issued by the High Court were not mandatory but directory in nature, as such petitioner could not claim bail on said ground as matter of right---Petitioner was refused bail, in circumstances. Nisar Ahmed v. The State and others PLD 2016 SC 11; Muhammad Nawaz alias Deno and another v. The State Criminal Bail Application No. D-817 of 2001 and Abdul Qadir Sahar v. The State PLD 2004 Kar. 287 ref. THIS ORDER PASSED BY: KHADIM HUSSAIN TUNIO, J.--- Through this application, applicant Muhammad Moosa son of Pathan Ogahi seeks his admission to post-arrest bail in Crime No.46 of 2013, registered with Police Station Ghouspur (District Kashmore @ Kandhkot), for offences punishable under sections 302, 353, 114, 148 and 149, P.P.C. 2. The allegation against applicant is that on 27.04.2013 he along with co-accused Ismail, Mehrab alias Bhooro, Haji, Shafqat Ali, Bashir, Amanullah alias Amano, Mukhtiar Ahmed and Abdul Aziz duly armed with kalashnikovs confronted complainant party and on instigation of Abdul Aziz, the present applicant and co-accused Ismail, Amanullah alias Amano, Haji, Mehrab alias Bhooro, Bashir and Mukhtiar…

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