Law: Pakistan Penal Code (PPC),1860

Section: 302, 324, 148, 149, 337-A(ii), 337-F(iii), 200, 201, 15-AA

Law: Criminal Procedure Code (V of 1898)

Section: 512 , 497(1)

REMARKS

Bail petition filed by Abdul Malik, who was arrested on March 16, 2024, in connection with FIR No. 123 dated March 16, 2024. The petitioner sought bail on the ground of statutory delay in the conclusion of his trial.
The court noted that the petitioner`s statutory period of two years would mature on March 16, 2026, and therefore, the petition was premature. The court also observed that the petitioner was charged with offenses under Sections 302, 324, 148, and 149 PPC, and that the charge sheet showed joint liability of the accused, including the petitioner, under these sections.
The court held that the petitioner`s case was not covered by the third proviso to Section 497(1) Cr.P.C, which provides for bail after one year of detention, as the petitioner`s case involved offenses carrying a punishment of death or life imprisonment.

 Summary:Statutory Bail
The petitioner, Abdul Malik, sought post-arrest bail under the third proviso to Section 497(1) Cr.P.C on the ground of statutory delay. He was charged under multiple sections including 302 PPC (murder), but claimed he was only responsible for injuring the complainant with a cement block (324 PPC). The Court rejected this argument, citing joint liability under Sections 148/149 PPC as part of an unlawful assembly, thus making the statutory custody period two years, not one. Since that period had not yet lapsed, and earlier bail attempts had failed, the petition was dismissed. The Court ordered the trial court to conclude the trial within 2 months.