Law:

Section:

Criminal Procedure Code (V of 1898)-- ----S. 497(1), third proviso---Penal Code (XLV of 1860), S.302/324/148/149/109/120-B---Bail on the ground of statutory delay---All the eleven co-accused of the accused had been acquitted by the Special Court of Speedy Trials and State appeal against their acquittal had also been dismissed by Supreme Appellate Court---Special Courts for Speedy Trials had since been abolished and the commencement of trial of accused was not yet in sight--­Accused who was not shown to be a previous convict or a hardened, desperate or a dangerous criminal or being involved in terrorism, had got a statutory right to be enlarged on bail which could not be denied to him only because he had been a fugitive from law as no such condition/prohibition was laid down in the relevant law---Accused was enlarged on bail in circumstances. Zahid Hussain's case PLD 1995 SC 49 ref. . JUDGMENT An F.I.R. No.206 of 1991 was registered against the present petitioner and 15 others at Police Station Uch Sharif on 3-6-1991 under sections 302, 324, 148, 149, 109, 120-B, P.P.C. on the statement of one Ghulam Sadiq son of Ghulam Sarwar in which it was alleged that the petitioner and his co-accused while variously armed with deadly weapons including Klashnikov etc., after hatching a conspiracy and forming an unlawful assembly attacked the complainant party and did away with four of them, namely, Abdul Aziz, Ghulam Akbar, Ata Muhammad and Saeed Ahmad and seriously injured Qurban Hussain alias Allah Bachaya and Jind Wadda alias Baggo Khan. 2. After the completion of necessary investigation by the police a challan was submitted against eleven of the accused before the then Judge Special Court for Speedy Trial, Multan. The petitioner and five others were declared as proclaimed offenders. Resultantly, however, all the eleven accused were acquitted of the charges against them by the learned Judge Special Court for Speedy trials, Multan by means of his judgment dated 25-9-1991 and they were directed to be set at liberty at once if not detained in any other case. An appeal was preferred by the State against their acquittal before the Supreme Appellate Court but without success.…

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