' MIAN MUHAMMAD AJMAL, J.--Muhammad Janan accused petitioner charged under sections 302/324/427/34, P.P.C., vide F.I.R. No,270, dated 15-12-1995, Police Station, Usterzal, was refused bail by the learned Additional Sessions Judge, Kohat on 25-2-1999. Hence he has approached this Court for his release on bail under the 3rd proviso to section 497(1), Cr.P.C.
2. We have heard the learned counsel for the parties and perused the record of the case with their assistance.
3. In the earlier round, the bail application of the accused-petitioner was rejected by this Court in Criminal Miscellaneous No, /145 of 1996 on 14-5-1997 with the direction to the trial Court to dispose of the case on priority basis on or before 30-7-1997. The trial was not concluded by the said date, therefore, the accused-petitioner has filed bail application before the trial Court which was accepted and he was released on bail by the learned Sessions Judge, Kohat vide his order, dated 15-8-1997, where after application for cancellation of bail (Criminal Miscellaneous No,1028 of 1997) was filed by Mst. Hijran, Sultan widow of the deceased in this Court which was accepted and the bail granted to the accused-petitioner was recalled vide order, dated 16-4-1998 on the ground that he is a hardened, desperate and dangerous criminal. After about eight months of the above order the accused-petitioner again filed bail application on, statutory ground before the trial Court which was rejected vide order, dated 25-2-1999. Hence the present application.
4. Third proviso of section 497(1), Cr.P.C. Provides for the release of the accused on bail if the Court is of the opinion that delay in trial has not been occasioned by the accused or any other person acting on his behalf, if the accused remained in continuous detention exceeding one year for an offence not punishable with death and if the offence is punishable with death, his continuous detention exceeds two years and his trial has not been concluded. Fourth proviso of the said section is a rider over third proviso which stipulates that if the accused is previous convict or in the opinion of the Court is a hardened, desperate or dangerous criminal then in such a case, provision of third proviso shall not apply. Since it has been held by this Court in its order, dated 16-4-1998 that the accused-petitioner is a hardened, desperate and dangerous criminal, therefore cannot avail he benefit of third proviso of section 497(1), Cr.P.C. Which is subject to fourth proviso of the said section. This bail application as such is not competent and deserve outright dismissal which is accordingly dismissed. However, the trial Court is once again directed to conclude the trial of the accused-petitioner within three months positively on day to day hearing. The office is directed to send the record of the case to the Court concerned immediately for compliance of the above order.