Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 147,148,302,337-H(2)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302, 337-H(2), 147 & 148---Qatl-e-amd, causing hurt by rash or negligent act---Bail, grant of---Accused who was behind the bars for the last about three years, had applied for bail on statutory ground of delay---Trial Court, after framing of the charge, had been able to record only the examination-in-chief of the complainant, but failed to ensure the regular attendance/production of accused and attendance of prosecution witnesses---Delay in trial was caused due to non-production of accused by Jail Authorities, but the delay of all 24 dates had been attributed to accused who had no control or say over the Jail Authorities to produce him or not to produce him in court---Jail Authorities were responsible to produce under-trial prisoner in court without any failure on their part and prosecution was to ensure the presence of prosecution witnesses so that trial could be concluded as soon as possible---If prosecution or Jail Authorities would fail to perform their lawful duties in accordance with law, the court could not sit idol or as silent spectator, but it was the responsibility of the court to ensure that prosecution and Jail Authorities were performing their lawful duties properly, which was necessary not only for dispensation of justice, but also required for expeditious criminal administration of justice---Expeditious and fair trial was fundamental right of accused---Intention of law was that criminal case must be disposed of without unnecessary delay---Court not to feel so powerless in matter or securing attendance of witnesses---Court, in case of disobedience, was to use the powers vested in it---Accused was not previously convicted offender for an offence punishable with death or life imprisonment---Even if the adjournment sought by accused was excluded, his period behind the bars was more than two years, which had entitled him to claim the bail on the ground of statutory delay---Accused was released on bail, in circumstances. Abdullah v. The State 1985 SCMR 1509; Muhammad Aslam v. The State 1999 SCMR 2147; Behram v. The State 2003 PCr.LJ 73; Aarab alias Katoo v. The…

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