Law:

Section:

Criminal Procedure Code (V of 1898)--- Ss. 497 & 498-Bail-Contention that fatal shot being not attributed to petitioner, petitioner being found innocent by Investi­gating Officer and considerable delay having been caused to trial of accused and trial of case likely to take place after long time, accused entitled to bail-Held : Petitioner being alleged to have joined unlawful assembly by arming himself with a gun question whether fatal shot attributed to him or not, immaterial-Investigat­ing Officer though said to have found petitioner innocent yet petitioner's name appearing in Column 3 as a regular accused and not in Column 2-Delay although caused in trial of case, yet delay per se not a sufficient ground for grant of bail-Penal Code (XLV of 1860), S. 302/307/148/149.-[Delay] ORDER ANWARUL HAZI, C. J -The petitioner is aggrieved by the refusal of the Lahore High Court to enlarge him on bail in a case pending against him under sections 148, 302 and 307, P. P, C. read with section 149 thereof. In the first information report recorded on the 22nd of May, 1975, it was alleged that the petitioner Baboo was a member of the unlawful assembly, that he was armed with a gun and he fired a shot which hit prosecution witness Nasibullah. During the course of the transaction in which Ibrahim was killed, it appears that a large number of persons en the complainant side were injured. An earlier application filed by the petitioner for the grant of bail bad been dismissed by the High Court on 21st October, 1975. His second application was…

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