Law: Criminal Procedure Code (V of 1898)

Section: 561-A, 498, 337 (3)

Law: Penal Code (XLV of 1860)

Section: 148, 302, 307, 436, 432, 149, 379, 109

Criminal Procedure Code (V of 1898)  Ss. 561-A, 498 & 337 (3)--Approver - Bail -- Prohibition contained in S. 337 (3) not absolute but qualified and conditional--Commencement of trial already taken several years and still not In sight-Bail granted in circumstances of case-Penal Code (XLV of 1860), S 148, 302/307/436/432/149, 379/109.                                                                                                                                 ORDER The simple facts of the case are that a case under sections 148, 302/307/4361452/149, 379/109, P. P. C. was registered at Police Station Dipalpur, as far back as the 15th of October 1968, is respect of an occurrence which had taken place a day earlier resulting in the death of one Goma and injuries to six others. The report was lodged by Ghulam Nabi complainant naming 15 persons as accused of whore 11 are stated to be on bail. Khushi Muhammad petitioner was Granted pardon on the 16th of May 1973. 2. The question for determination, however, is as to whether the provision contained in subsection (3) of section 337, Cr. P. C. operates as a complete bar to his enlargement when the case which was commenced about four years before, is still pending inquiry. The relevant provision reads as follows:- (3) Such person unless he is already on bail, shall be detained in custody until the termination of the trial." 3. The legal position was examined, by me in Muhammad Ramzan v. The State (1971 P Cr. L J 1150). Having examined considerable…