STEPHEN ALBA Versus THE STATE
ORDER
1. The applicant who is accused of offence under section 156(1)(8) of the Customs Act has applied for grant of bail on the sole ground of delay. The applicant was arrested in the case on 7‑7‑1988 and it is stated that his trial so far has not concluded, The applicant has placed on record certified copy of the order‑sheet which shows that the challan in. the case was presented on 17‑7‑1986 but till today only one witness was partly examined on 8‑7‑1987: Mr. Niaz Ahmed Khan, learned counsel for the State contends that the delay has occasioned in the trial of the applicant on account of non‑production of the accused in Court on various dates due to security reasons. It is also contended by the learned counsel that in any case the trial of the accused having started within ‑period of one year from the date of his arrest the discretion should not be exercised in favour of the applicant by enlarging him on bail specially when he is foreigner and there is possibility of his abscondance if admitted to bail. None of the contentions raised' by the learned counsel has any relevance for refusing the bail to the ' applicant. Under the third proviso to section 497, Cr.P.C. grant of bail to an accused is not discretionary. The right of an accused to be enlarged on bail on account of delay in the trial is a statutory right which can only be defeated on the grounds mentioned in said proviso, namely, that the delay in the trial has been occasioned on account of any act of the accused or of any other person acting on his behalf. From the diary sheets placed on record it is abundantly clear that not a single adjournment in the case was either on the instance of the accused or on account any other person acting on his behalf. The fact that the accused is a foreigner is also not relevant ground for refusing bail under 3rd proviso to section 497, Cr.P.C. I accordingly admit the accused to bail in the sum of Rs.2 lacs with one surety and P.R. in the like amount to the satisfaction of the trial Court.
2. S.A./S‑161/K Bail granted.