Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497, proviso 5th [as amended by Code of Criminal Procedure (Amendment) Act (VIII of 2011)]---Penal Code (XLV of 1860), Ss.302/148/149---Qatl-e-amd---Bail, grant of---Accused was behind the bars for the last two years and two months---Accused sought adjournment due to non-availability of his counsel and case was adjourned for one month---Such delay of one month occurred due to request of accused---Co-accused sought adjournment due to demise of his cousin and said adjournment could not be attributed to accused---Counsel for the complainant and accused were not available on one date, and adjournment was granted, which could not be attributed to accused alone---Submission of accused for trial under the Juvenile Justice System Ordinance, 2000, could not be deemed to be contumacious act and the delay, which took place in disposal of the relevant petition, could not be deemed to be a fault on part of accused; because every one had right to seek remedy from the court in accordance with law---If the period of one month was excluded from the total period of detention in the Jail as under trial prisoner, the net period was more than two years---No substantial progress had been made towards conclusion of the trial---Accused was not a previous convict for commission of an offence punishable with death or imprisonment for life; he was neither a hardened nor a desperate criminal---Contention of counsel for the complainant and State Counsel that he was the principal accused of the case, was not sufficient to conclude that he fell in said category---Accused was entitled to bail under 5th Proviso of S.497, Cr.P.C.---Accused was released on bail, in circumstances. ORDER RAUF AHMAD SHEIKH, J.---The petitioner seeks post-arrest bail in case F.I.R. No.193 of 2009 dated 16-6-2009 Police Station Saddar Renala Khurd., District Okara, under sections 302/148/149, P.P.C. 2. The petitioner along with others has been charged under sections 302/ 148/149, P.P.C. for causing Qatl-e-Amd of Ali Ahmad Sabir on 16-6-2009 at about 2-00 p.m. in the area of Qasba Islampura Police Station Saddar Renala Khurd. 3. At the outset learned counsel for the…

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