Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 344,173,167,9,10

Law: Pakistan Penal Code, 1860

Section: 324/34

(a) Criminal Procedure Code (V of 1898)---S. 497---Penal Code (XLV of 1860), S.324/34---Constitution of Pakistan (1973), Art.185(3)---Bail, grant of----Indiscriminate firing was attributed to all the accused---No crime-empty was recovered from the spot, ,nor any blood stains were observed at the place of occurrence---Two pallet injuries suffered by the complainant on his back had not been described "as dangerous to life" by the doctor and they had not caused any fracture---No .recovery was effected from the accused---Accused was in jail for about eleven months and no challan had so far been submitted in the Court---Accused was admitted to bail in circumstances. Hakim Mumtaz Ahmed and another v. The State PLD 2002 SC 590 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 344 & 173---Commencement of trial and adjournment of proceedings---Duty of Court emphasized---Trial should normally commence, if possible, on the basis of interim report under S.173, Cr.P.C. which must be submitted as per mandatory requirement of proviso to subsection (1) of S.173, Cr.P.C.---If the commencement of the trial is to be postponed, then the Court must record reasons in writing---Section 344, Cr.P.C. casts a heavy duty on the Court to commence the trial as early as possible and not to adjourn the case on flimsy grounds---Court is also duty bound to ensure submission of complete challan/find report under S.173, Cr.P.C. without any unnecessary delay. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 173 & 167---Strict adherence of the Investigating Agency to the provisions of S.173(1), Cr.P.C. stressed---If final report cannot possibly be submitted before or after completion of investigation period prescribed under S.167, Cr.P.C., the Investigating Agency should strictly adhere to the provisions of S.173(1), Cr.P.C. and must submit interim challan through Public Prosecutor for trial and should not keep in custody the accused arrested in the case without any legal justification for indefinite period. Hakim Mumtaz Ahmed and another v. The State PLD 2002 SC 590 ref. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 167 & 344---Constitution of Pakistan (1973), Arts.9…

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