Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Constitution of Pakistan, Art. 185(3)---Bail application dismissed as withdrawn---Subsequent/second bail application, filing of---Maintainability---Fresh grounds---Scope---Second bail petition repeating the same grounds that were earlier taken is not competent---Moreover, the grounds raised by an accused in a subsequent bail application which were available at the time of filing of the earlier petition could also not be treated as fresh grounds nor urged for the purposes of seeking the same relief---If the ground on which bail has been sought subsists when a bail petition is withdrawn then such a ground can also not be taken again---However, the exception to this rule is in the case of entitlement of bail on statutory grounds (of delay in conclusion if trial). Shahbaz Akmal v. The State and another 2023 SCMR 421 and Nazir Ahmed and another v. The State and another PLD 2014 SC 241 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(1), third proviso---Constitution of Pakistan, Art. 185(3)---Bail---Statutory ground of delay in conclusion of trial---Principles---Right (to bail) recognized under the third proviso of section 497(1) cannot be denied to an accused on the basis of discretionary powers of the court to grant bail---Said right has not been left to the discretion of the court, rather, its accrual is subject to the fulfillment of the conditions mentioned under the third proviso of section 497(1) of the Cr.P.C.---If any act or omission of the accused has hindered the conclusion of trial within the period specified in the third proviso of section 497(1) of the Code of Criminal Procedure, 1898 ('Cr.P.C.') then a right, as contemplated thereunder, will not accrue in the latter's favour and, therefore, he or she, as the case may be, would not become entitled to be released on bail on the statutory ground of delay in conclusion of the trial---Nonetheless, if after the rejection of the plea of bail on statutory grounds, the accused has subsequently corrected himself/herself and has abstained from doing any act or omission in the following period specified under the third proviso, then a fresh ground…

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