Law: Criminal Procedure Code (V of 1898)

Section: 497, 498

Law: Penal Code (XLV of 1860)

Section: 302

Criminal Procedure Code (V of 1898) S. 497/498-Bail Delay--Accused remaining in custody for about five years-Delay in concluding commitment proceedings not due to any fault on part of accused---No serious efforts made by prosecution to conclude proceedings within reasonable time---Aroused granted bail-Penal Code (XLV of 1860), S. 302. Date of hearing: 30th April 1973.                                                                                                                          JUDGMENT Criminal Miscellaneous No. 864/13 of 1973 (for cancellation of bail granted by learned Sessions Judge, ride his order dated 24-2-73 and Criminal Miscellaneous No. 411/B of 1973 (for grant of bail earlier refused by the learned Additional Sessions Judge vide iris order dated 14-9-72) arise out of the same murder case. Therefore, they are being disposed of together. 2. The accused were arrested on 2-6-68. Their case was referred to he tried by a tribunal under the West Pakistan Criminal Law Amendment Act, 1961, but eventually it seas withdrawn therefrom and was sent to an ordinary Court, as stated by the learned counsel for the petitioners some where in the middle of 1971 to be dealt with under the Criminal Procedure Code. A Magistrate First Class started commitment proceedings. Till 26-8-72 when the last witness was examined, eleven out of twenty-three witnesses had been examined. During the pendency of the proceedings before the committing Magistrate as explained above, the petitioners moved this Court for bail in Criminal Miscellaneous No. 1851/B of 1971 which was dismissed by me on 23-7-71. I dismissed the petition on the consideration of the merits of the case as well as the ground relating to delay. I then held that the delay per se was no ground for bail in a murder case as it did not amount to abuse of process of Court. The petitioners again moved the learned…