Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 109,148,149,302,324

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302, 324, 148, 149 & 109---Qatl-i-amd, attempt to commit qatl-i-amd, rioting when armed with deadly weapon, unlawful assembly, abetment---Bail, grant of---Statutory ground---Scope---Gravity of allegation; liberty of the individual---Scope---Accused and co-accused allegedly made collective firing resulting into murder of brother and Bhabhi of the complainant and two persons were also injured---Accused contended that delay in conclusion of trial could not be attributed to him while he had been behind the bars for more than four and a half years---Validity---Report submitted by the Trial Court revealed that charge was framed in the year 2014 but no prosecution witness had been examined---Seventy adjournments were provided to the prosecution for the production of evidence but the prosecution failed to produce evidence---Adjournments sought by the prosecution were more than adjournments sought by the defence/accused---Order sheet did not reflect that the evidence could not be recorded because of the reason attributable to the accused---High Court observed that gravity of allegation at certain stage, had to yield to consideration of individual liberty and could not be allowed to deny bail to accused even in a case where, despite he, having completed almost four years and ten months in jail, not a single prosecution witness was examined---Said period was quite a long period of an individual detention during trial---Record showed that petitioner was neither a previously convict nor hardened, desperate and dangerous criminal---Bail was allowed to the petitioner, in circumstances. THIS ORDER PASSED BY: MISS AALIA NEELUM, J.--- The petitioner seeks post arrest bail in case FIR No.566-2013, dated 20.10.2013, under Sections 302/324/148/ 149/109, P.P.C., registered at Police Station Badami Bagh, Lahore. 2. Arguments heard and record perused. 3. I have noticed that this is 2nd post arrest bail petition filed by the petitioner, whereas first on statutory delay in trial. Earlier bail application bearing Crl. Misc.No.1276-B of 2017 was dismissed on 05.06.2017. Thereafter petitioner filed instant…

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