Law: Criminal Procedure Code (V of 1898)

Section: 497(1)

Law: Penal Code (XLV of 1860)

Section: 409, 419, 420

Criminal Procedure Code (V of 1898) S. 497(1), third proviso---Penal Code (XLV of 1860), Ss. 409, 419 & 420---Criminal breach of trust by a public servant, banker, merchant, or agent, cheating by personation, cheating and dishonestly inducing the delivery of property---Bail, grant of---Statutory ground of delay in conclusion of trial---Accused was charged for the offences mentioned above---In the instant case, the Sections of law applied against the accused petitioner did not carry death penalty coupled with the fact that trial of the accused petitioner had not even commenced what to say of its completion---Thus, the case of petitioner was covered under para (a) to 3rd proviso to S.497(1),Cr.P.C.---Bail under 3rd proviso to S.497 (1),Cr.P.C., could be refused to an accused by the Court only on two grounds i.e. one mentioned in 3rd proviso itself that the delay in the trial of the accused had been occasioned by an act or omission of the accused or any other person acting on his behalf and the second mentioned in 4th proviso that the accused was a previously convicted offender for an offence punishable with death or imprisonment for life or to a person who in the opinion of the Court was a hardened, desperate or dangerous criminal or was accused of an act of terrorism punishable with death or imprisonment for life---Nothing had been brought on record that the delay in conclusion of trial had been occasioned on part of the accused petitioner or any other person acting on his behalf or that he was an offender covered by the 4th proviso to S.497 (1),Cr.P.C, thus he was entitled to be released on bail---Bail petition was allowed, in circumstances.        Shakeel Shah v. The State and others 2022 SCMR 1 rel.              Date of hearing: 16th August, 2024. Judgment        Ijaz Anwar, J.---Through instant bail application, accused petitioner Faisal Hussain son of Iftikhar Hussain seeks his release on bail in case FIR No. 67/24 dated 04.03.2024 registered under sections 409/419/420, P.P.C, at Police Station FIA/CBC, Peshawar. 2.   …