Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497, 3rd Proviso. Cl. (b)--Bail--Dismissal of--Ground--Statutory delay--If a bail application is withdrawn during subsistence of a ground on which bail is sought it cannot be taken again if bail application was withdrawn--The said decision was endorsed in case of Muhammad Aslam (a judgment by a five-Member Bench of Supreme Court)--Therefore, ground of statutory delay is no longer available to petitioner and to such extent this petition is not maintainable--Therefore, for reasons mentioned above this petition is not maintainable, and is dismissed--However, assurance extended by complainant’s counsel and learned APG, that no unnecessary adjournment will be sought shall be treated as an assurance given to trial Court--Judge of trial Court to conclude petitioner’s trial expeditiously within two months from date of receipt of this order--In case petitioner’s trial is not concluded within said period Judge shall submit an explanation to High Court, through Registrar, mentioning reasons thereof--It is also clarified that trial Court is not obliged to adjourn case of petitioner if any co-accused or complainant’s advocate is absent--However, if petitioner’s advocate is absent Court may adjourn case after informing petitioner that due to his advocate’s absence case is being adjourned, and if appropriate trial Court may appoint another advocate to represent accused--Petition dismissed. Constitution of Pakistan, 1973-- ----Arts. 10-A, 4(2)(a) & 4(1)--Fundamental rights--Fundamental rights of an accused--The Constitution of Islamic Republic of Pakistan commences by stating that exercise of authority is a sacred trust--If an advocate representing a detained accused does not attend Court he fails to perform his professional duty and breaks his client’s trust--An accused person like any other has inalienable right to ‘enjoy protection of law and to be treated in accordance with law’ but if advocates strike and trials are postponed this constitutional right of accused is negated--The Constitution also mandates that ‘no action detrimental to … liberty’ of anyone be taken ‘except in accordance with law’ therefore, if trial of…

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