Law: Criminal Procedure Code (V of 1898)

Section: 497(1),third,fourthprovisos

Law: Pakistan Penal Code, 1860

Section: 302,34,109

Criminal Procedure Code (V of 1898)- ---S. 497(l), third and fourth provisos --- Penal Code (XLV of 1860), S.302/34/109-'-Bail on ground of statutory delay --- Accused had remained involved in a number of criminal cases at different times in different police stations and they could certainly be treated as hardened and desperate criminals --- Accused in view of his previous record and history was not entitled to the concession of bail on the ground of statutory delay --- Bail was declined to accused accordingly. 1993 SCMR 65; 1998 SCMR 190; 1990 SC 934; 1997 SCMR 412; PLD 1982, SC 424; 1993 SCMR 525; 1997 PCr.LJ 917 and 1994 PCr.LJ 1327 ref. ORDER This order will dispose of Criminal Miscellaneous No.2108-B of 1999 as well as Criminal Miscellaneous 1978-B of 1999 as both arise out of one and the same F. I. R. 2. The petitioners who are accused of offence under sections 302/34, 109, P.P.C. vide F.I.R. No.953 of 1996 dated 24-11-1996 registered with Police Station Saddar Faisalabad, seek bail on the ground of statutory delay committed in the conclusion of the trial. The petitioners were arrested on 1-4-1997 and after completing the physical remand they are under judicial lock-up wherein, they are continuously confined as under trial prisoners. It is argued that an inordinate delay was caused by the prosecution in submission of the challan which is however, refuted by the prosecution because the accused persons kept on making applications. Be that as it may, the fact remains that challan was submitted in Court on 9-9-1998 after about one year and ten months of registration of the case. The learned counsel for the petitioner tried to demonstrate that no adjournment had been sought by the petitioners or anyone else on their behalf. It is further argued that under section 497(2), Cr.P.C. the petitioners are entitled to the concession of bail. In support of his contention he places reliance on various authorities which include the following:-- (a) 1993 SCMR 65; (b) 1998 SCMR 190; (c) 1990 SC 934; and (d) 1997 SCMR 412. 2-A. On the other hand the learned counsel appearing for the complainant has vigorously opposed the grant of bail on the ground that F.I.R. was recorded…

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