MUHAMMAD SHARIF Versus THE STATE

ORDER

1. Previously a criminal Court could, in its discretion grant bail under section 497, Cr.P.C. on the basis of delay of ever, a relatively small period of time occasioned in the conclusion of trial of an accused person. Proviso III to Subsection (1) of section 497 Cr.P.C. added by Code of Criminal Procedure (2nd Amendment) Ordinance, 1979 (71 of 1979), however, fixed the time lag which would qualify an accused person for the grant of bail, at a continuous period of more than one year in case of offences not punishable with death. Ii also made it incumbent upon the Court to grant bail to an accused person in such a contingency. The accused‑petitioner in this case is alleged to have committed offence under sections 408, 419, 420, 467/468 and 471, P.P.C. and section 5 of the Prevention of Corruption Act, 1947, which are not punishable with death. He was arrested in this case on 18‑5‑1985. Obviously, therefore, a period of more than a year had not elapsed since then. Grant of bail to the accused‑petitioner on the ground of delay in the conclusion of trial for a continuous period of time less than one year from the date of arrest would obviously be irk violation of the said clear provision of law and would be without Jurisdiction. I, therefore, reject this bail application.

2. H.A.K. Bail refused.