Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 392/411

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 392/411--Bail after arrest, grant of--Third post arrest bail petition filed by petitioner before High Court--Earlier 1st post arrest bail of petitioner was dismissed due to non-prosecution whereas, 2nd post arrest bail of petitioner was dismissed as having not been pressed after arguing case--Instant 3rd post arrest bail petition has been filed by petitioner on fresh ground of delay in conclusion of trial--Case was adjourned before trial Court on account of leave of Presiding Officer, due to non-production of accused persons from jail due to situation created by COVID-19 or on account of non-appearance of complainant and prosecution witnesses before trail Court--Complainant has been served with notice of instant bail High and despite service, he did not bother to appear before High Court which shows his lack of interest in prosecution of present case cannot be kept behind bars for an indefinite period without any fault on his part has therefore, earned statutory right to be released on bail as envisaged under 3rd provision of Section 497 (1)(a) of Cr.P.C is involved in four other criminal cases but he has conceded on instructions that there is no record of previous conviction of petitioner in any other case--Held: Moreover, it is by now well settled that mere involvement of an accused in some other criminal cases is not sufficient to refuse him bail if otherwise he is entitled to said relief on merits is previously convicted offender for an offence punishable with death or imprisonment for life or he is hardened, desperate or dangerous criminal or he is accused of an act of terrorism punishable with death or imprisonment for life--As petitioner has earned statutory right under aforementioned provision of law therefore, petition was allowed 1997 SCMR 412, 2012 SCMR 573 ref. ORDER The petitioner, namely, Sunny Abbas through the instant petition seeks post arrest bail in case FIR No. 2421 dated 27.11.2019 registered at P.S. South Cantt District Lahore offences under Sections 392/411 of PPC. 2. As per police report, the complainant has been served with the notice of this…

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