Law:

Section:

a) Criminal Procedure Code (V of 1898)- ----S. 497(1), third proviso---Bail on ground of statutory delay--¬Abscondence, effect of---Third proviso to S.497(1), Cr.P.C. would not be applicable to the case of an absconder with the same force as it would be applicable to an accused who did not abscond---Person who has got no respect for law cannot turn around and seek the protection of law in the same way as any accused can seek who has not absconded. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(1), third proviso---Bail---Purpose and philosophy of law--¬Object of addition of third proviso to S.497, Cr.P.C: is not to allow bail to the accused in routine and it does not confer a right on the accused to go out on bail after the completion of the stipulated period, but the main object is to expedite the conclusion of the trial as the expeditious disposal of the case is the right of an accused person---Such provision if on the one hand gives right to the accused it is a check on the other hand on the Investigating Agency, the prosecution and the Courts to decide the cases without unnecessary delay. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(1), third -proviso---Penal Code (XLV of 1860), Ss.302/324/ 109/34---Bail on ground of statutory delay---Many adjournments had been sought by the defence after receipt of challan in the Court, but notwithstanding the expiry of statutory period of two years, accused was not entitled to bail in terms of third proviso read with fourth proviso to S.497, Cr.P.C. because of his long abscondence---Bail was declined to accused in circumstances. 1999 PCr. LJ 1704; 1996 PCr. LJ 1309; 1996 PCr: LJ 1305 and 1993 PCr.LJ 733 ref. Qazi Muhammad Anwar for Petitioner. Malik Hamesh Gul for the State. Sultan Sheharyar for the Complainant. Nemo for Respondent No.2. Dates of hearing: 4th, 11th and 12th October; 2000. JUDGMENT TARIQ PARVEZ, J.--- Petitioner Mushtaq is an accused in case F.I.R. No.458, dated 15-12-1994 of Police Station Lakki Marwat about a crime reported by Noushad Khan complainant for the murder of Aslam Khan, his brother. For the offence besides the petitioner, Irshad and Saif-ur-Rehman were charged in the F.I.R.…

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