Law:

Section:

(a) Criminal Procedure Code (V of 1898)--S. 497(1), third proviso---Bail on the ground of statutory delay---Right of accused---Exception---Accused under third proviso to subsection (1) of S. 497, Cr.P.C. is entitled to bail as a matter of right if the statutory period mentioned either in CI.(a) or Cl.(b) has expired and the trial has not been concluded, in view of the use of the word "shall "---Such right can be defeated only if the State or the complainant shows that the delay in trial is attributable to the accused--­Once it is shown, such right is forfeited. Riasat Ali and another v. The State PLD 1977 SC 480; Barkhurdar v. Liaqat Ali and 2 others PLD 1977 SC 434; Abdul Rehman v. The State 1978 PCr.LJ 589;. Nazir Hussain v. Ziaul Haq and others 1983 SCMR 72; Saleh Muhammad v. The State and another 1983 SCMR 341; Zahid Hussain Shah v. The State PLD 1995 SC 49; Wazir Khan v. State 1983 SCMR 427; Umar Draz and another v. State 1997 SCMR 885 and Akhtar Abbas v. State PLD 1982 SC 424 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(1), third & fourth provisos---Bail on the ground of statutory delay--­Right of accused for bail under the third proviso to S. 497(1), Cr.P.C. cannot be defeated on any other ground except the delay mentioned in the relevant clause and the grounds provided in the fourth proviso thereof. Riasat Ali and another v. The State PLD 1977 SC 480; Barkhurdar v. Liaqat Ali and 2 others PLD 1977 SC 434; Abdul Rehman v. The State 1978 PCr.LJ 589; Nazir Hussain v. Ziaul Haq and others 1983 SCMR 72; Saleh Muhammad v. The State and another 1983 SCMR 341; Zahid Hussain Shah v. The State PLD 1995 SC 49; Wazir Khan v. State 1983 SCMR 427; Umar Draz and another v. State 1997 SCMR 885 and Akhtar Abbas v. State PLD 1982 SC 424 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(1), fourth proviso---In order to bring an accused person within the compass of a hardened, desperate or dangerous criminal it is not necessary to prove that he had been previously convicted, for the reason that previously convicted persons are separately dealt with in the fourth proviso to S. 497(1), Cr.P.C. (d) Criminal Procedure Code (V of 1898)--- ----S.…

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