Law: Constitution of Pakistan, 1973

Section: 497

Law: Emigration Ordinance, 1979

Section: 17/22

Law: Criminal Procedure Code (V of 1898)

Section: 497

(a) Criminal Procedure Code (V of 1898)----S. 497---Bail---Trial belated---Bail cannot be claimed as a matter of right in a criminal offence merely for the reason that trial has not proceeded, particularly when the facts and circumstances of the case are sufficient to conclude that the accused is responsible for not allowing the Trial Court to proceed with the matter. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Emigration Ordinance (XVIII of 1979), Ss.17/22---Bail, grant of---Sentence under Ss.17/22 of Emigration Ordinance, 1979, was upto 14 years---Investigation of the case had been completed---Challan had been submitted in the Court---Transaction between the parties seemed to be in respect of dispute of money, which statedly accused and his son had received from the complainant for sending him abroad along with work permit, but he failed to fulfil his commitment---No useful purpose would be served by keeping the accused in custody for an indefinite period, because it was not known as to how much time would be consumed by the prosecution in completion of the trial---Accused was admitted to bail in circumstances. ORDER It is informed by the learned prosecutor that in this case incident took place in October, 2004. F.I.R. under sections 17/22 E.O., 1979 was lodged on 4th April, 2006. In pursuance thereof accused was arrested on 26-6-2006 and challan against him has been submitted on 29th November, 2006. 2. Learned counsel for the petitioner alleged that charge has not been framed so far, therefore, evidence has also not been produced by the prosecution to substantiate accusation. According to him he is in custody w.e.f. 26-6-2006 and the sentence provided under section, charge against him, is upto 14 years. Since no progress is being made in the case, therefore, he is entitled for grant of bail. 3. On the other hand learned counsel for the State contended that challan has been submitted but he is not aware whether charge has been framed or not? According to him petitioner (accused) himself is responsible for causing delay in the trial of the…

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