Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/459/460/337-H(ii)/34

(a) Criminal trial -- Fair and expeditious trial is the fundamental right of an accused person which cannot be denied to him. Manzoor Ahmed Wattoo v. The State 2000 SCMR 107 ref. (b) Criminal Procedure Code (V of 1898) -- S. 497 Penal Code (XLV of 1860), Ss.302/459/460/337 H(ii)/34 ¬Bail Despite direction of High Court issued about two years back trial had not yet commenced Since the charge could not be framed within the last 18 months, period required for conclusion of the trial was not difficult to be predicted Fair and expeditious trial was the fundamental right of the accused which could not be denied Hardship suffered by the accused an account of delay was quite obvious and the same could not be overlooked Bail was allowed to accused in circumstances. Manzoor Ahmed Wattoo v. The State 2000 SCMR 107 ref. THIS ORDER PASSED BY: MUHAMMAD MOOSA K. LEGHARI, JUSTICE:---.--- The applicants are seeking bail in Crime No. 15 of 1998 Police Station Rustam under sections 302, 459, 460, 337 H(ii) and 34, P. P. C. According to the allegations levelled in the F.I.R. lodged by complainant Irshad Ahmed on 22 4 1998, the applicant/accused committed the murder of deceased Muhammad Ilyas, and was facing trial before the learned Vth Additional Sessions Judge, Shikarpur in Sessions Case No. 271 of 1998. The bail application is being pressed on the ground of hardship having been caused on account of inordinate delay in the conclusion of trial. I have heard the learned counsel for the applicant and the State and perused the record. It is argued that the bail application of the applicants was dismissed on merits vide order dated 11 12 2000, however, the directions were given to the learned trial Court for bifurcating the case of the present applicant and other accused persons and to conclude the trial preferably within a period of three months. Learned counsel has filed the case diaries which show that no progress has been made in the trial so far. Vide order, dated 24 4 2002 the comments were called from learned trial Court with regard to…

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