Law:

Section:

Criminal Procedure Code (V of 1898)--S. 497(1), third proviso---Constitution of Pakistan (1973), Art. 185(3)--­Bail---Despite the positive direction of High Court trial of accused was not concluded by the Trial Court within three months and the Investigating Officer was yet to be examined in the case---Accused was not in any way responsible for the delay in conclusion of the trial---On the undertaking given by State Counsel that trial of accused would definitely be concluded within one month the petition for leave to appeal was converted into appeal and Trial Court was allowed one month's time to conclude the trial, failing which on the expiry of one month's period accused would be deemed to have been granted bail and would be enlarged on bail by the Trial Court. Abdul Khair, Advocate Supreme Court/Advocate-on-Record for Petitioner. Abdul Ghafoor Mangi, Additional Advocate-General, Sindh for the State. Date of hearing: 20th December, 1993. ORDER SAIDUZZAMAN SIDDIQUI, J.---The petitioner has called in question, through the above petition, the order of a learned Judge in Chambers of High Court of Sindh dated 26-8-1993 whereby the bail was refused to the petitioner on the ground of delay in conclusion of the trial as follows:-- "The trial of the case is almost complete except that I.O. remains to be examined for which the learned Trial Court is taking all steps to procure his attendance. Bail application in these circumstances merits no consideration and is accordingly dismissed. The learned Trial Court shall procure the attendance of the I.O. and if need be, even issue coercive process against him and complete trial within a period of three months from the date of this order." The learned counsel for the petitioner contends that in spite of the above-quoted positive direction by the learned Judge in Chambers, the trial has not been concluded and the petitioner is being denied his…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492