Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497 [as amended by Code of Criminal Procedure (Amendment) Act (VIII of 2011)]---Penal Code (XLV of 1860), S.365---Abduction---Bail, grant of---Incident was unseen and dead body of deceased abductee was not recovered on the pointation of accused---Medical report did not support the case of prosecution---Dead body was found on the street in a drum and post-mortem was conducted about 5-1/2 months prior to the arrest of accused---Prior to arrest of accused no one had asked any question to accused about deceased son of complainant---Cause of death was unknown---During the entire period of detention, accused had sought adjournment only four times and more than three years had passed, but the trial had not concluded---Delay in trial was not solely attributed to accused---Accused was neither previously convicted offender for the offence punishable with death or imprisonment for life or was hardened, desperate or dangerous criminal or was accused of an act of terrorism, punishable with death---Case of accused was fully covered under the amended S.497, Cr.P.C. and he was entitled to bail on that ground alone---Accused was admitted to bail, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497[as amended by Code of Criminal Procedure (Amendment) Act, (VIII of 2011)]---Grant of bail to an accused of an offence punishable with death on statutory ground of delay in trial---Principles---Where court was of the opinion that delay in trial of accused had not been occasioned by an act or omission of accused or any person acting on his behalf, court could direct that such accused be released on bail, who was accused of an offence punishable with death, had been detained for such offence for continuous period exceeding two years; and trial had not concluded, provided that above benefit would not be available to a previously convicted offender for an offence punishable with death or imprisonment for life; or to a person, who in the opinion of the court, was hardened, desperate or dangerous criminal; or was accused of an act of terrorism, punishable with death or imprisonment for life. Gul Beg alias Nangi v. The…

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