Law:

Section:

(a) Criminal Procedure Code (V of 1898)---S. 497(1), third proviso---Object of S. 497(1), third proviso. Cr.P.C.---Real object of introducing third proviso to S. 497(1), Cr.P.C..is to ensure that criminal trials are not unnecessarily protracted. (b) Criminal Procedure Code (V of 1898)--S. 497(1), third proviso---Scope and intent of S.497(1), third proviso, Cr.P.C.---Where for any reason accused or his authorised agent which necessarily includes the Advocate engaged for defence causes delay, protection contained in third proviso to S. 497(1), Cr.P.C. cannot be invoked---While ascertaining cumulative effect of ultimate delay in disposal of the case, it would not be merely mathematical calculation of excluding such days for which adjournment was obtained by accused or his counsel. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(1), third proviso---Bail on ground of statutory delay---Refusal of--­Bail under third proviso to S. 497(1), Cr.P.C. can be certainly refused on the ground that delay ini conclusion of trial had been caused on account of any act or omission of the accused or any person acting on his behalf. (d) Criminal Procedure Code (V of 1898)--- ----S. 497(1), third proviso---Penal Code (XLV of 1860), S.334/148/149--­Constitution of Pakistan (1973), Art.185(3)---Bail on ground of statutory delay---Counsel for accused had obtained seven adjournments on the dates when prosecution witnesses were in attendance---Accused, therefore, was not entitled to avail the benefit of third proviso to S. 497(1), Cr.P.C.---Courts below having correctly construed the legal position, leave to appeal to Supreme Court was refused. Muhammad Sadiq and 2 others v. State 1996 PCr.LJ 1440; Qaisar Mehmood v. The State 1996 MLD 157; Haji Javed Ahmad and another v. The State PLD 1997 Kar. 156; Liaqat Ali v. The State 1997 MLD 1667 and Aamar v. The State 1991 PCr.LJ 534 disapproved. Shahbaz and another v. The State 1995 PCr.LJ 1682; Nazir Hussain v. Zia-ul Haq 1983 SCMR 72; Shoukat Ali v. Ghulam Ali 1998 SCMR 228 and Zahid H. Shah v. The State PLD 1995 SC 49 ref. Syed Murtaza Ali Zaidi, Advocate Supreme Court with M.A. Zaidi, Advocate-on-Record for Petitioner. Date of hearing:…

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