Law: Criminal Procedure Code (V of 1898)

Section: 497(1)

Law: Penal Code (XLV of 1860)

Section: 302, 324, 431, 148, 149

Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13-D

Criminal Procedure Code (V of 1898) S. 497(1), third proviso‑‑‑Penal Code (XLV of 1860), Ss. 302/324/431/148/149‑‑ West Pakistan Arms Ordinance (XX of 1965), S.13‑D‑‑‑Bail on ground of statutory delay‑‑ Statutory delay in conclusion of the trial was admitted by the prosecution‑‑‑Right of accused to be enlarged on bail under the third proviso to S.497(1), Cr.P.C. was a statutory right which could not be denied under the discretionary power of the Court to grant bail‑‑‑Accused was admitted to bail in circumstances. Zahid Hussain Shah v. The State PLD 1995 SC 52; Jalal v. Allah Yar and another 1993 SCMR 525; Muhammad Yousaf v. The State 1999 PCr.LJ 501 and Nazir Hussain v. Ziaul Haq and others 1983 SCMR 72 ref.                                                                                                                                                                   ORDER The applicant seeks bail in Crime No.205/1998 of Police Station Mirwah registered under sections302/324/431/148/149, P.P.C and 3‑D of Arms Ordinance. Briefly the facts of the case are that on 22‑12‑1998 the complainant Haji Mithan son of Muhammad Baqa, resident of village Taluka Thari Mirwah lodged F.I.R. No.205/98 that there existed a dispute between the complainant party and Noor Muhammad Samori in respect of Plot No.364 and that an F.I.R. is already registered. On the day of incident at about 5‑00 p.m. the complainant, his son Bahadur, maternal grandson Milqiat Ali and complainant's sons Ali Hassan and Hamadullah were bringing the cattle home when co‑accused Mir Muhammad Noor son of Noat Muhammad with rifle, Zahoor with hatchet, Loung son of Ahmed Khan with Lathi, Lal Dino @ Lalu with a gun, Ali Dino @ Balu with hatchet, Moula Bux @ Mouloo, Ghulam Shabbir @ Shaboo, Azizullah son of Taj…