Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 467,471,109

Criminal Procedure Code, 1860 (XLV of 1860)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 467, 468, 471 109--Bail after arrest, grant of third post arrest bail application--Concession of bail on ground of statutory delay--Delay in conclusion of trial is being caused because of any act of petitioner or his counsel--Deputy Prosecutor General states that petitioner has no criminal antecedents--There is nothing on record to declare petitioner as a hardened, desperate or dangerous criminal--Speedy trial is a fundamental right of accused being universally acknowledged--It has been held by Supreme Court of Pakistan in plethora of s that if delay in conclusion of trial is not occasioned due to act of accused or any other person acting on his behalf then accused becomes entitled concession of boil as a matter of right--Bail was allowed. 2012 SCMR 354. ORDER Through this petition, the petitioner namely Muhammad Adil has sought post-arrest bail in case FIR No. 136/2012, dated 18.6.2012, offences under Sections 467, 468, 471, 109, PPC registered with the Police Station FIA/C.C. Multan. 2. According to the prosecution, the allegation against the petitioner is that he alongwith his co-accused prepared a fake and fictitious general power of attorney in his favour on behalf of the complainant and on the basis whereof transferred the immovable property owned by the complainant. 3. Written arguments and Police record perused. 4. Record reflects that this is petitioner’s third post-arrest bail application before this Court in this Case. His first bail application (Crl. Misc. No. 3600-B of 2018) was dismissed on merits by this Court vide order dated 28.8.2018 whereas his second bail application (Crl. Misc. No. 3247-B of 2019) was dismissed as having been withdrawn without arguing the same vide order dated 13.12020 with a direction to the learned trial Court to conclude the trial expeditiously, preferably, within a period of one months’ and fifteen days. Now, the instant application for bail alter arrest, moved on fresh ground of non-conclusion of trial even after the elapse of a period of one year. 5. Record reflects that the petitioner was arrested in this case on…

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