Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,148,149

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302, 148 & 149---Qatl-e-amd---Bail, grant of---Statutory delay---Case came up for hearing on so many occasions, but was not proceeded for hearing for one reason or the other, primarily because either accused persons were not produced or the court was vacant or there was strike---Only at one occasion during a long period, advocate for accused was absent---On majority of the dates the case could not proceed for no fault of accused or their counsel---Accused, in circumstances, were entitled to statutory benefit of delay in disposal of the case---State Counsel had contended that since accused had murdered two persons, they were hardened, desperate and dangerous criminals---Court could not lose sight of the fact that guilt or innocent of accused persons was yet to be proved at trial---No material had been pointed out by State Counsel establishing or at least pointing out allegations of similar or any other dastardly acts on the part of accused persons---Since on number of occasions accused were not produced in the court, accused were not responsible for delay in disposal of the case and they were entitled to benefit of statutory delay---Accused were admitted to bail, in circumstances. Muhammad Yousif v. The State 2000 SCMR 79; Muhammad Sadik v. The State 1980 SCMR 203; Abdur Rashid v. The State 1998 SCMR 897 and Mst. Sahib Khatoon v. Bakhsal 2001 MLD 229 ref. ORDER SHAHID ANWAR BAJWA, JUSTICE:---.--- F.I.R. No.16 of 2007 was recorded at Police Station Hassan Wahan District Larkana on 13-7-2011. It was stated by the complainant that after attending the marriage they were returning to their house and when at about 2-30 a.m. as they reached near a mosque, on the street they saw the applicant No.2 armed with K.K and applicant No.1 also similarly armed along with four other persons duly armed coming towards them. Complainant stated that they asked them as to why they had come there at that hour and that too armed to the teeth. Harsh words were exchanged. Applicant No.1 is alleged to have fired upon Ali Gul and applicant No.2 is alleged to have fired at Riaz Hussain. This attracted the…

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