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Criminal Miscellaneous No. 309 of 1968, decided on 19th August 1968.

, S. 498 read with S. 497 Bail before arrest ‑ Government servant proceeded against for o (fences under Ss. 406, 408, 409, 420 & 468, P. P. C.‑Offences under Ss. 406, 408, 409 & 46d, although non‑bailable, not punish able with death or transportation ,for life‑Ample discretion with Court to allow bail in such case irrespective of fact whether reason able grounds exist to believe that accused had committed offences --- Refusing bail in such cases tantamounts to punishment in advance and also entails overcrowding in judicial lock‑up ‑ Government servant accused of such like offences must be allowed bail unless reasonable grounds exist to believe that accused might abscond Interim bail confirmed.

Zahoor‑ul‑Haq for Petitioner.

Sardar Fakhri Alam Khan, A. A: G. for the State.

Date of hearing : 19th August 1968.

The petitioner is a Sub‑Divisional Officer and a case under section 406/408/409/420/468, P. P. C. was registered against him. He applied for bail before arrest to the Additional Sessions Judge, Peshawar and was granted interim bail, but by order dated 10^th August 1966 the interim bail was vacated. The petitioner urgently applied for the copy of the order, out it could not be furnished to him till the hearing of the petition. The learned counsel for the petitioner informed me that the learned Additional Sessions Judge rejected the application on the ground that after the perusal of the file "there were reasonable grounds to believe that he had committed the offences".

2. Of the five offences, the offence under section 420, P. P. C. is bailable, while the other four offences though non‑bailable are not punishable with death or transportation for life, with the result that there is ample discretion with the Court irrespective of the fact whether there were reasonable grounds to believe that the accused had committed the offences to allow bail, in that refusing bail in such cases tantamounts to punishment in advance and also entails over‑crowding in the judicial lock‑up. It will indeed be a poor consolation if a Government servant were to be discharged or acquitted after he had remained in custody for a long time, as it is a matter of common knowledge that ordinarily it takes about one year for trial of such like cases to be concluded. This being the position, the Government servants charged for such like offences must be allowed bail unless and until there are reasonable grounds to believe that the accused might abscond.

3. For all the foregoing reasons, I confirm the interim bail.

3. Q. Interim bail confirmed.

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