Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- Ss. 497 R 498-Bail-Delay-Murder cases-Delay per se in all cases of murder regardless of its responsibility or other circumstances-No justification for grant of bail-Delay amounting to abuse of process of Court-Such delay alone, held, justifies grant of bail.--(Delay-Bail]. Muhammad Nawaz and others v. The State 1968 S C M R 683 ; Ahrar Muhammad and others v. State P L D 1974 S C 224 ; Fateh Muhammad and others v. State and another 1975 S C M R 354 ; Riasat Ali v. Ghulam Muhammad P L D 1968 S C 353 ; Manzoor v. The State P L D 1972 S C 81 ; Manzoor Khan v. Kamir 1972 S C M R 297 and Muhammad Sadiq v. Muhammad Shafiq 1973 S C M R 212 ref. (b) Criminal Procedure Code (V of 1898)- -- S. 498-Bail-Cancellation of-Supreme Court twice cancelling bail. High Court, held, should have been rather cautious and slow to exercise its discretion for grant of bail for third time-Observations in Supreme Court's order allowing accused to renew their application in event of inordinate delay-No Justification on such ground to reagitate matter within 2 ½ months.-[Bail]. Ch. Fazle-Haq, Advocate and Ch. Akhtar Ali, Advocate-on-Record for Appellant. Ch. Muhammad Arif, Advocate and Ijaz Ahmad Khan, Advocate-on-Record for Respondents Nos. 1 and 2. Sheikh Riaz Ahmad, A. A.-G. and Sh. Ijaz Ali, Advocate-on-Record for the State. Date of hearing : 22nd February 1977. JUDGMENT MUHAMMAD AFZAL CHEEMA, J.-Barkhurdar petitioner herein is father of Banaras deceased whose dead body was recovered lying in the National Park, Rawalpindi, on 18-10-1972. In the course of investigation, respondents 1 and 2 along with a third accused Muhammad Iqbal were found to be responsible for the murder. Their petition for bail before arrest was allowed by the High Court vide order dated 27-10-1972 to enable them to move the Sessions Judge who refused them bail on 7-12-1972. They again moved the High Court and were allowed interim bail on 21-12-1972 which was subsequently confirmed on 9.2-1973. The petitioner challenged that order in this Court through Petition No. 55 of 1973. Leave was granted and the appeal was accepted, vide this Court's order dated 5-6-1973 with the…

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