MUHAMMAD BAKHSH Versus THE STATE

ORDER

1. Petitioner who is an accused in a case under section 10/11/16 of Offence of Zina (Enforcement of Hadood) Ordinance VII of 1979 registered at Police Station Massan vide F.I.R. No. 41 dated 18-4-1986 has filed this petition for post-arrest bail on the sole ground that although more than one year has expired since he was arrested, the trial of the case has not as yet concluded. In fact, he is seeking bail on the basis of third proviso to section 497(1), Cr.P.C., relevant portion whereof reads as follows:--

2. "Provided further that the Court shall, except where it is of opinion that the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on his behalf direct that any person shall be released on bail--

(a) who being accused of any offence not punishable with death has been detained for such offence for a continuous period exceeding one year and whose trial for such offence has not concluded."

2. It is submitted by the learned counsel for the petitioner that, the petitioner was arrested on 28-5-1986 and since then he is in the; jail. Challan has been submitted in Court but the trial has not as yet concluded. It is further submitted by him that the petitioner is not in any manner responsible for the delay. In fact, the learned Sessions Judge in his order rejecting the bail of the petitioner has observed that the trial of the case could not commence due to rush of work and the same would start on its turn." Learned counsel appearing for the State quite frankly concedes that the case of the petitioner is covered by third proviso. It may be observed that it is not the case of the prosecution that the petitioner is a previous convict or that he is a hardened, desperate or dangerous criminal.

3. In the circumstances aforementioned, petitioner is entitled to bail on the statutory ground. He is, therefore, admitted to bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of AC/Duty Magistrate, Jhang.

4. S.G.D./M-350/L Bail allowed.