Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/34--- Qatl-e-amd, common intention---Bail, grant of---Delay in conclusion of trial---Trial of accused had not commenced for last more than two years---Accused had been attributed a fatal injury but court had no option but to allow bail in case the accused was so entitled by virtue of section 497 Cr.P.C, on basis of delay in conclusion of his trial---Accused was not a previously convicted offender for an offence punishable with death or imprisonment for life nor was he an accused of an act of terrorism punishable with death or imprisonment for life---No record had been provided to the High Court to demonstrate that the accused was a hardened, desperate or dangerous criminal or that the conclusion of the trial had been delayed by some act of the accused---Contention of complainant was that accused was a hardened, desperate and dangerous criminal as in the present case he fired upon the deceased and caused his death, but such contention did not hold any water as it would be incumbent on the prosecution to establish that there were allegations of similar nature or any other dastardly acts stated to have been committed by the accused person---In absence of material which would establish that the accused has previously also been guilty of having committed a heinous offence or having committed a serious offence or any dastardly act out of sheer desperation, it would be wrong to deny bail to the accused solely on the ground that in one solitary case he fired from a pistol and caused a fatal injury---Onus was on the prosecution and the complainant to bring on record some material other than the case (in hand) to show that the accused was a hardened, desperate and dangerous criminal---Bail petition of accused was allowed and he was admitted to bail. Moundar and others v. The State PLD 1990 SC 934; Zahid Hussain Shah v. The State PLD 1995 SC 49 and Amir v. The State PLD 1972 SC 277 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/34---Qatl-e-amd, common inten-tion---Bail, grant of---Delay in conclusion of trial---Burden of proof---Onus was…

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