Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,109,186,302,324,300,000

Criminal Procedure Code ( V of 1898 )--- ----S. 497---Penal Code ( XLV of 1860 ), Ss. 302, 365, 109 &34---Qatl-i-amd, kidnapping or abducting with intent to secretly and wrongfully confine a person, abetment, common intention---Bail, refusal of---Statutory delay in conclusion of trial---Scope---Police encounter---Petitioner (Police Official ) was amongst ten accused persons, some of whom were in uniform and some in civilian clothes, who came in police mobile van and two private vehicles at night and took away the son of the complainant; the complainant was later told that his son had been killed in the police encounter---Complainant contended that in his presence, the petitioner caught hold of his son and made him sit in the mobile van---Petitioner contended that he was entitled for the concession of bail as present case was an old one yet the same had not been decided even after lapse of statutory period for the conclusion of the trial---Validity---Act of the petitioner, tentatively, fell within the ambit of "terrorism" and "extra judicial killing" and on said ground alone, thepetitioner was not entitled to bail---Record revealed that out of twenty nine witnesses, eight material witnesses including complainant had been examined which showed that substantial progress had been made in trial by the Trial Court and the case was about to conclude---Record also revealed that the petitioner was apprehended after more than four years of lodging of the FIR---Petitioner was well aware of the charge against him, but he opted not to surrender before the Trial Court for a long period, which showed that the petitioner by his conduct thwarted the process of investigation as well as trial---Unexplained noticeable abscondence of an accused deprived him some of the normal rights granted to him by procedural as well as substantive law---Case diaries and progress report submitted by the Presiding Officer of the Trial Court, showed that the delay in conclusion of trial was on the part of petitioner as he consumed one year time to complete the cross-examination of the complainant---Progress report categorically stated that the petitioner had shown mistrust upon the Court and…

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