Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,148,149

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Qatl-i-amd, rioting, armed with deadly weapon and common object---Bail, grant of---Delay in conclusion of trial---Scope---Accused sought post arrest bail on statutory ground of delay in conclusion of trial---No delay in conclusion of the trial was found which could solely be attributed to the accused or to the person acting on his behalf reflecting a design or pattern to consciously delaying the conclusion of trial---Trial Court, on the basis of the report of process server, had observed that the complainant and private witnesses had concealed themselves in order to frustrate the legal process and their service seemed impossible through ordinary means---Prosecution had confirmed that there was no record of previous conviction of the accused---Accused had made out a case for his release on the statutory ground of delay in the conclusion of the trial---Petition for grant of bail was accepted. Ali Akbar v. State and others PLJ 2021 SC (Cr.C) 106 and Muhammad Hussain v. State and others PLJ 2018 Cr.C. 730 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Delay in conclusion of trial---Direction to Trial Court for expeditious disposal of case, violation of---Effect---Mere non-compliance of the directions issued to the Trial Court to conclude the trial expeditiously or within some specified time cannot be considered as valid ground for grant of bail to an accused, being alien to the provisions of S. 497, Cr.P.C., as the accused cannot claim bail on this ground as a matter of right but it is certainly a fresh ground to be assessed and examined by the Court for exercise of its discretion in either way, in the overall facts and circumstances of the case. Tallat Ishaq v. National Accountability Bureau through Chairman and others PLD 2019 Supreme Court 112 ref. Criminal Petition No. 1016-L of 2021 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Delay in conclusion of trial---Scope---As per 3rd proviso to S. 497, Cr.P.C., a person accused of an offence punishable with death, if detained for such an offence for a continuous period…

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