Mirza ALAMGIR @ MAMA THAKUR vs STATE and another
This is a criminal petition filed by the petitioner seeking post-arrest bail in case FIR No. 154/2010 registered under Sections 392, 395, 411, and 109 of the Pakistan Penal Code 1860 at Police Station Old Kotwali, District Multan. The core legal question revolves around the entitlement of the accused to statutory bail due to the delay in the conclusion of the trial beyond the period provided under the Code of Criminal Procedure 1898. The Lahore High Court allowed the petition, holding that since the petitioner had been incarcerated for almost double the statutory period without any attributable delay on his part and without any previous criminal history, he was entitled to be released on bail. The key principle laid down is that the expiry of the statutory period for the conclusion of a trial, where no delay is caused by the accused who is not a hardened criminal, entitles the accused to statutory bail.
- Is an accused entitled to post-arrest bail when the statutory period for the conclusion of the trial has expired without any delay being attributed to him?
- Does the lack of previous criminal history weigh in favor of granting statutory bail to an accused?
- Whether the expiry of double the statutory period for trial conclusion warrants the release of the accused on bail?
- Section 392, Pakistan Penal Code 1860
- Section 395, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 497(a), Code of Criminal Procedure 1898
ORDER
Through this petition, the petitioner seeks post arrest bail in case FIR No, 154/2010 dated 23.06.2010 registered under Sections 392, 395, 411, 109, PPC at Police Station Old Kotwali District Multan.
2. For the offences with which petitioner has been connected, a period of one year has been provided under third proviso of Section 497 (a), Cr.P.C. within which if the trial is not concluded then the petitioner would be entitled to be released on bail. In the present case, the petitioner was arrested on 27.07.2010 and almost double the statutory period has gone but trial has not yet been concluded. No delay is attributed to the petitioner and this fact in frank manner, even has been conceded by the learned counsel for the complainant, according to whom only three adjournments during whole of this period were sought on behalf of the present petitioner. The petitioner has no previous criminal history and thus he cannot be classified as hardened and desperate criminal. The expiry of statutory period in such like cases, entitles the petitioner to be released on bail.
3. In view of what has been discussed above, this petition is allowed and petitioner is ordered to be released on bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.