Law: Criminal Procedure Code (V of 1898)

Section: 497(1)

Law: Penal Code (XLV of 1860)

Section: 302, 324

Criminal Procedure Code (V of 1898) S.497(1), third proviso‑‑‑Penal Code (XLV of 1860), Ss.302/324‑‑‑Bail on ground of statutory delay‑‑‑Accused was in continuous custody for the last more than two years without trial for which he was not responsible‑‑‑Investigating Officer and the S.H.O. on account of their negligence had filed the challan in the Court after a lapse of more than two years‑‑‑Sessions Court while rejecting the bail application of accused had not discussed or mentioned the ground in respect of the statutory delay‑‑‑Conduct of accused in the jail had been reported to be satisfactory by the Jail Superintendent‑‑ Accused, thus, was entitled to grant of bail on the ground of statutory delay in conclusion of his trial without his fault and he was released on bail accordingly. PLD 1995 SC 49; 1998 NLR 322; Zahid Hussain Shah v. The State PLD 1995 SC 52; Lal Dino alias Lala v. The State Criminal Bail Application No.123 of 2001; PLD 1995 SC 52; 1993 SCMR 525 and 1999 PCr.LJ 501 ref.                                                                                                                                                          ORDER 1. Granted subject to all just exceptions. 2. The present applicant/accused is facing trial in an offence under section 302/ 324, P.P.C. in F.I.R. No.85/98 registered at Police Station TPX, Karachi. The brief facts, as narrated in the F.I.R. are as under:‑‑‑ "I alongwith my wife and children reside on the address mentioned in Column No.2 for the last 8 years. I run a shop with the name and style of Bukhari General Stores at Sandam Chowk Jafferwali Gali for the last 3 years. Today on 31‑3‑1998, I alongwith my daughter namely Jannat Begum aged 10 years was present at my shop. At about 6‑15 hours, Ghulam Rasool son of Ghulam Hussain Guchal,…