ZAHID BALOCH vs THE STATE
This matter concerns a bail application filed by the applicant, Zahid Balouch, seeking post-arrest bail under the third proviso to Section 497 of the Code of Criminal Procedure 1898. The applicant was charged under Section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance 1979 for an alleged robbery involving a motorcycle. The core legal question was whether the applicant was entitled to bail based on the statutory delay in the conclusion of his trial. The applicant contended that he had been in continuous detention since his arrest on January 11, 1997, without the trial concluding or the charge being framed. Furthermore, he argued that he was not a previous convict or a hardened criminal. The State raised no objection to the grant of bail. The Court held that the applicant was entitled to bail on the ground of statutory delay in the conclusion of the trial, noting that the applicant did not fall under the exclusionary provisions of the fourth proviso to Section 497, Code of Criminal Procedure 1898.
- Is an accused entitled to bail if the trial has not concluded within the statutory period prescribed under Section 497 of the Code of Criminal Procedure 1898?
- Does the fourth proviso to Section 497 of the Code of Criminal Procedure 1898 apply to an accused who is not a previous convict or a hardened criminal?
- Can bail be granted on the ground of statutory delay when the State raises no objection?
- Section 497, Code of Criminal Procedure 1898
- Section 17(3), Offences Against Property (Enforcement of Hudood) Ordinance 1979
- Section 13-D, Arms Ordinance 1965
ORDER
1. Allowed.
2. Allowed.
3. Applicant Zahid Balouch seeks bail under IIIrd proviso to section 497, Cr.P.C. In F.I.R. No,8 of 1997 of Police Station P.I.B. Colony East, Karachi, registered under section 17(3) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979.
' The facts of the prosecution case in brief are that on 11-1-1997 at about 2-30 p.m. While complainant Muhammad Raza was standing outside his shop alongwith his Honda Motorcycle, there emerged three persons and robbed his motorcycle on the pistol point. In the meanwhile P.Cs.
Mujeeb and Aslam came there and called S.H.O. And they followed and chased the culprits and ultimately caught hold of the applicant whereas remaining two culprits succeeded in running away. One unlicensed pistol and two bullets were recovered from the possession of the applicant and such case was registered against him.
It is contended by Mr. Ejaz Ali S. Mangi, learned counsel for the applicant that the applicant was arrested on. 11-1-1997 and since then he is in continuous detention but his trial has not yet concluded. According to him even charge is not framed by the trial Court. He further argued that the applicant has been granted bail in the connected case under section 13-D of Arms Ordinance.
According to him the case of the applicant will not fall under 4th proviso to section 497, Cr.P.C. As he is neither a previous convict nor has ever been declared hardened, desperate and dangerous criminal, even the jail as well as police reports indicate that he is not dangerous criminal and is also not involved in any other case.
' Mr. Muhammad Saad Qureshi, learned counsel for the State raised no objection to the grant of bail to the applicant.
In the circumstances the applicant is allowed bail on the ground of statutory delay in the conclusion of his trial. He shall be released on bail on his furnishing surety in the sum of Rs,1,00,000 (Rupees one lac) and P.R. Bond in the like amount to the satisfaction of the trial Court.