Law:

Section:

(a) Criminal Procedure Code (V of 1898) S. 498 Bail, pre arrest Accused petitioners declared pro¬claimed offenders and proceedings under Ss. 87 & 88, Criminal Procedure Code, 1898 initiated and in progress Presence of petitioners earlier when trial of accused on complaint case took place Held, cannot be of avail to justify or mitigate petitioner's absence at crucial time of start of trial based on supplementary police challan so as to make benefit of pre arrest bail avail¬able. (b) Criminal Procedure Code (V of 1898) S. 497 (4) & 498 Bail Delay amounting to abuse of process of Court Always accepted as sufficient ground for grant of bail ¬Accused kept in lock up without any proceedings whatsoever for last1months after conclusion of evidence Unconscionable, held, to allow accused to rot in Jail in circumstances when accused in cross case blocked proceedings by absconding and keeping them¬selves beyond reach of arms of law. [Delay]. Barkhurdar v. Liaqat Ali and 2 others P L D 1977 S C 434 ref. Yusuf Ali Khan, Advocate with S. Inayat Hussain Shah. Advocate-¬on Record for Petitioner (in Cr. P. S. L. A. No. 42/80). Dr. Abdul Basit, Advocate Supreme Court with Sh. Abdul Karim, Advocate on Record for Respondents Nos. I to 3. Ch. Muhammad Ashraf, Advocate Supreme Court with Sh. Ijaz Ali. Advocate on Record for the State (in both Petitions). Date of hearing: 18th February, 1980. ORDER SHAFI UR REHMAN, J. Khushi Muhammad, the petitioner is a complainant who seeks leave to appeal against the order of the Lahore High Court dated 22nd January 1980 whereby Muhammad Hanif and his two brothers who stood trial under sections 302/307/34, P. P. C. and are awaiting judgment were released on bail and the request of the petitioner to recall their bail order were rejected. The other petition is by Nazir and his two associates who seek leave to appeal against the order of the Lahore High Court dated 3rd December 1979 whereby pre arrest bail in a case under section 307/324/34, P. P. C. was refused to them. 2. The facts necessary for the disposal of these two petitions are that on the 2nd of November 1977 an occurrence took place wherein on one side one Rashid was shot dead and…

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