Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302

Criminal Procedure Code (V of 1898) S. 497 Penal Code (XLV of 1860), S.302 Bail, grant of Bail was sought on the ground of statutory delay Case diaries had shown that case was being adjourned for want of not only framing of the charge, but also for want of Ballistic Expert Report Deliberate delay was caused on the part of the prosecution which had not been explained No lapse on the part of the accused towards the delay Accused, in circumstances, had good prima facie case for grant of bail on the ground of statutory delay. Muhammad Yousif v. The State 2000 SCMR 79 ref. Qurban Ali Chohan for Applicant. Masood A, Noorani; Addl. A. G. (on Courts Notice). Muhammad Azim Panhwar, State Counsel ORDER The present applicant is seeking bail in Crime No.8 of 1999 registered with Police Station Town Mirpur Khas under section 302, P.P.C. He moved bail application before the trial Court on the ground of statutory delay but without success. Mr. Qurban Ali Chohan learned counsel for the applicant has contended that the present applicant was arrested on 16 2 1999 and since then the case has not proceeded. According to him even charge has not been framed and he has drawn our attention on the case diary which is available on page 83 He has further argued that the delay cannot be attributed to the present accused. He is neither dangerous nor desperate or hardened and from where the trial Court has gathered that the present applicant is dangerous, hardened and desperate is lacking in the matter. On the other hand, Mr. Muhammad Azim Panhwar, State Counsel has opposed to the grant of bail on the ground of statutory delay. He has also read the case diaries and has attempted to establish that the charge was not framed on account of absence of the defence counsel. He has trade a faint attempt to persuade us that the charge cannot be framed in the absence of defence counsel. He is not duly armed with any relevant law. We have heard the arguments of learned counsel for the parties at length. We have also examined the case diaries produced by the learned counsel for the applicant. We have also gone through the impugned order. We have seen carefully the case diaries, the case was being…

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