Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: West Pakistan Arms Ordinance (XX of 1965)

Section: 13

Law: Pakistan Penal Code, 1860

Section: 324,452

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324/452---West Pakistan Arms Ordinance (XX of 1965), S.13---Qatl-a-amd, house trespass after preparation for hurt, assault or wrongful confinement, possession of illegal weapons---Bail, refusal of---Bail sought on grounds of statutory delay---Abscondance of accused for more than ten years---Heinous nature of crime---Determination of juvenile status- of'the accused---Accused was directly charged in the F.I.R. for the murder of deceased and he remained absconder for more than ten years---Accused was behind bars, for more than three years and ten months waiting for the conclusion of his trial, which had been prolonged due to determination of his status as a juvenile at the time of occurrence---Contention of accused that he was a juvenile at the time of occurrence, was finally repelled by the Supreme Court, therefore, accused could not take advantage of the fact that trial was not concluded within two years---After rebuttal of contention of accused by the Supreme Court, prosecution produced their evidence seven times, which could not be recorded due to absence of counsel of accused---In view of the conduct of accused, his abscondance for over ten years and the nature of the crime, it was not appropriate to release the accused on grounds of statutory delay in conclusion of his trial--- Bail application of accused was refused in circumstances. JUDGMENT KHALID MEHMOOD, J.---Petitioner Ditawar has been arrested by the local police of Police Station Khalabat Township Haripur in case F.I.R. No. 337 dated 9-11-2007 for alleged commission of offence under sections 302/452 P.P.C. and F.I.R. No.144 dated 30-4-2008 under section 13, A.O. He applied for post arrest bail before the courts below but the same was declined. Hence, this bail petition. 2. Learned counsel for petitioner argued that at the time of occurrence accused petitioner was minor and is behind the bars since the date of his arrest and about three years and ten months has -since been elapsed but the trial has not been concluded due to the reasons that petitioner was declared juvenile prisoner and his trial was ordered to be…

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