Law: Criminal Procedure Code (V of 1898)

Section: 497(1)

Law: Penal Code (XLV of 1860)

Section: 302, 324, 394, 109 , 34

Criminal Procedure Code (V of 1898)---

----S. 497(1), third proviso---Penal Code (XLV of 1860), Ss. 302, 324, 394, 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, robbery, abetment, common intention---Bail, refusal of---Plea of statutory delay in conclusion of trial rejected---Accused were charged for committing murder of the nephew of complainant and causing firearm injuries to his other nephew during robbery--Perusal of the case diaries reflected that on four dates of hearing, the case was adjourned either due to the absence of a co-accused (who was on bail), or due to absence of their counsel---Record showed that on 15 dates of hearing, counsel for the complainant remained absent and on 09 dates of hearing, application for adjournment was moved by the counsel for the complainant and matter was adjourned---Moreover, it was noticed from the case diaries that the complainant and his witnesses remained present on most of the dates when the case was fixed for hearing---Contributory factors in the delay of the trial included the accused moving applications for the case to be transferred to a common court (as initially it proceeded before the Anti-Terrorism Court), defence counsel for the co-accused remaining absent, Presiding Officer being on leave, demand by the accused that a certain witness be examined first and a witness (Magistrate) remaining absent on a number of occasions---Trial Court too had shown a lax attitude towards proceeding of the trial---Trial Courts were inundated with work, yet a more dynamic approach was required so that justice could be done---Looking at the situation holistically, Court was not inclined to grant the applicant the concession of bail on the ground of statutory delay in trial at present stage---Bail petition was dismissed, in circumstances.

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