Law: Criminal Procedure Code (V of 1898)

Section: 497

  Criminal Procedure Code (V of 1898)--- ---- Ss. 497(5) & 497(l), third & fourth provisos---Penal Code (XLV of 1860), S. 365-A/34 --- Cancellation of bail --- Bail had been granted to accused on the ground of statutory delay by the Trial Court by adopting a mathematical method of calculating the pendency of the proceedings while the accused remained in custody and substracting from it the period involved in the adjournments sought by the accused which was not a proper mode of reckoning the period envisaged in the third proviso to S.497(l), Cr.P.C.---Even an adjournment of a single day at the instance of accused might have repurcussions and reverberations generating for greater period of inaction in the case than merely covered by the adjournment because an adjournment has implications, subject to the facts of each case of prompting or creating circumstances whereby the prosecution might be pushed off the track for a longer duration of time than covered by the bare period of adjournment --- Such aspect had not been considered by the Trial Court at the time of grant of bail to accused --- Besides, before considering the case for grant of bail on the ground of statutory delay Trial Court had to see whether the benefit under the third proviso to S.497(l), Cr.P.C. was or was not forfeited on account of the added condition in the fourth proviso, namely whether the accused was a previously convicted offender or in the opinion of Court was a hardened, desperate or dangerous criminal --- Trial Court had even not adverted to this aspect of the matter --- Order of grant of bail to accused passed by Trial Court was recalled in circumstances and the case was remanded back for re examination of the bail application of accused in the light of the said observations. Criminal Procedure Code (V of 1898)-- ---- S. 497(l), third proviso --- Penal Code (XLV of 1860), S.365-A/34 --- Bail on statutory ground --- Accused ought to have taken the plea of statutory delay in the first instance before the Trial Court which he had failed to do --- Bail application was dismissed in circumstances. Abdul Waheed Katper for the Accused. Shahiq, Rahim and Umer on Court Notice.…