Law: Criminal Procedure Code (V of 1898)

Section: 497(1),thirdproviso

Law: Pakistan Penal Code, 1860

Section: 365-B

Criminal Procedure Code (V of 1898)--- ----S. 497(1), third proviso---Penal Code (XLV of 1860), S. 365-B---Kidnapping, abducting or inducing woman to compel for marriage etc:---.---Bail, refusal of---Statutory delay in conclusion of trial---Scope---Absence of co-accused delaying conclusion of trial---Effect---Delay in conclusion of trial had occurred due to the co-accused who absented themselves from appearing before the Trial Court-One of the co-accused was stated to be the wife of the accused---Third proviso to S.497(1), Cr.P.C could not be invoked by the accused in such circumstances as he had failed to assert that delay in conclusion of trial had been wholly or partly caused by the prosecution---Bail application of accused was dismissed in circumstances. Khalid Dad, and others v. The State 1982 PCr.LJ 713 rel. THIS ORDER PASSED BY: IQBAL HAMEEDUR RAHMAN, C. J:---. Wajid Hussain son of Shaukat Hussain seeks post arrest bail in case F.I.R. No.231 dated 22-7-2010, registered under section 365-B P.P.C., at Police Station, Koral, District Islamabad. 2. The facts need not to be described in the instant post arrest bail application as the same find mentioned in the earlier bail applications. 3. Learned counsel for the petitioner has urged the fresh ground that after the amendment in section 497, Cr.P.C. the petitioner is entitled to the concession of bail on statutory ground as he is behind the bars for the last two years; that the delay in conclusion of the trial is not on the part of the petitioner as he was in jail for the last two years rather, the same has been occurred on behalf of the prosecution; that the absence of the co-accused Adeela who is a lady was due to the threats extended by the opponent party; that due to the delay in conclusion of trial on the part of the co-accused, if any, the petitioner cannot be held responsible for the same; that the learned trial Court, vide order dated 11-12-2012 has observed that the offence under section 365-B, P.P.C. is not made out rather only offences under sections 496 and 493, P.P.C. etc. are made out against the petitioner and co-accused Adeela and has acquitted the rest of the co-accused persons, as such, the…

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