Law: Criminal Procedure Code (V of 1898)

Section: 497 , 302 , 324 , 452 , 34

Criminal Procedure Code (V of 1898)-  I Order accordingly. ---- S.497(5) --- Penal Code, (XLV of 1860), S-302/324/452/34 --- Cancellation of bail --- Statutory ground for grant of bail being not yet available to accused, Sessions Court had no authority to release him on bail in anticipation of the expiry of the statutory period and that too without having considered that the delay caused in the conclusion of the trial was or was not attributable to the accused --- Accused had already been refused bail by High Court despite consideration of. the ground of no progress having been made in the trial for a long time and such ground, therefore, was also not available to accused as a fresh ground for approaching Sessions Court for his release on bail --- Bail allowed to accused by Sessions Court was, thus, legally and factually untenable and the same was re-called. 1983 SCMR 790 ref. Syed Mazahar Ali Akbar Naqvi for Petitioner. Ch. Nabi Ahmad Cheema for Respondent No.1 Qamar uz zaman for the State. ORDER Having been arrested in pursuance of accusations of the commission of offenses punishable under section 302/324/452/34, P.P.C. vide F.I.R. No.198 of 1991 of P.S. Garjakh of District Gujranwala and having been refused bail by the lower Courts, Muhammad Khalid respondent had approached this Court through Crl. Misc. No.2021-B of 1992 for his release on bail. Having examined the merits of the case and having considered the grounds urged before me, I had dismissed the said petition on 14-6-1992 through an order passed by me in the said petition.    Khalid respondent then petitioned the learned Sessions Court at Gujranwala, for grant of bail to him and it was a learned Additional Sessions Judge at Gujranwala. (Mr. Mehmood Khalid) who released him on bail on 16-5-1993 on: statutory ground, being an additional and a new ground- asserted for grant of bail" as is apparent from para. 7 of the said bail granting order.   This petition submitted by Haji Sharif complainant seeks cancellation of the said bail. The occurrence in the present case had taken place on 1-7-1991 where after, Khalid respondent had been arrested in the present case. The impugned bail…