Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/324/34

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/324/34--Bail grant of--Statutory ground--Delay in conclusion of trial--Accused is not sole responsible was arrested and Charge against the petitioner was framed about two years ago--As per Third Proviso to section 497, Cr.P.C., a person accused of an offence punishable with death, if detained for such an offence for a continuous period exceeding two years shall be released on bail--Third Proviso shall not apply to a previously convicted offender for an offence punishable with death or imprisonment for life or to a person, who, in the opinion of the Court, is a hardened, desperate or dangerous criminal or is accused of an act of terrorism punishable with death or imprisonment for life--In report the learned trial Court has not held the petitioner solely responsible for delay in the conclusion of trial--Bail allowed. ORDER Manzoor Ahmad Malik, J. seeks leave to appeal against the order dated 24.02.2020, whereby bail was refused to him by the learned Lahore High Court-Lahore in case FIR No. 64 dated 05.02.2016, offence under Sections 302, 324, 34, P.P.C. and Section 7 of the Anti-Terrorism Act, 1997, registered at Police Station Samanabad, Lahore. 2. As per contents of FIR registered on the statement of Ch. Muhammad Saleem respondent No. 2, Soman alias Soom and Sajid Chaudhry while armed with fire-arms along with their co-accused resorted to firing and caused injuries to Muhammad Safdar Ali and Bahadar Ali who died as a result of the said injuries. Subsequently, Malik Sadaqat Ali Respondent No. 3 who was uncle of the said two deceased filed another application alleging therein that Ali Akbar petitioner along with his co-accused had in fact made firing upon the aforesaid deceased persons. Fire-arm injury on the person of Bahadar Ali (deceased) was specifically attributed to the present petitioner. 3. The petitioner is asking for bail on merits as well as on statutory ground i.e. non-conclusion of trial within the period specified under Section 497, Code of Criminal Procedure. On the last date of hearing, a report was requisitioned from the learned trial Court as to…

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