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Criminal Appeal No.47 of 1969, decided on 17th April 1970.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 18th January 1967, in Criminal Miscellaneous No. 157 of 1967).
S. 497‑Bail‑Alleged offence punishable at maximum with 3 years' imprisonment or fine, or both‑No steps taken by prosecution to bring accused to trial till date fixed for hearing of appeal in Supreme Court against order refusing bail‑Interim bail granted earlier confirmed by Supreme Court in view of provisions of S. 497 and circumstances of case West Pakistan Foodstuff's (Control) Act (XX of 1958), S. 6 and West Pakistan Paddy and Rice (Control) Order, 1958, S. 14.
A. G. Chaudhry, Advocate Supreme Court instructed by Abdul Karim Sheikh, Advocate‑on‑Record for Appellant.
Nemo for the State.
Date of hearing : 17th April 1970.
.‑The appellant was arrested on 1‑1‑1967 on charges under section‑ 6 of the West Pakistan Foodstuffs (Control) Act, 1958, and section 14 of the West Pakistan Paddy and Rice (Control) Order, 1958, on the accusation that he had in contravention of these laws imported into Lahore six maunds of rice.
Bail was refused to the appellant by ‑a local Magistrate without assigning any reason. An appeal taken to the Additional Sessions Judge, Lahore, was rejected or the ground that the appellant is a kumhar by caste. The learned Judge in the High Court dismissed a revision petition without giving any reason in support of the order refusing bail.
Leave to appeal was granted on the 31st January 1967, to consider the plea that since the offence allegedly committed by we appellant was not punishable with death or transportation for life, the Courts below were under section 497, Cr. P. C., required to give reasons for refusing bail. Interim bail was allowed to the appellant to the satisfaction of the Additional District Magistrate, Lahore, meanwhile.
Since leave was granted no steps have been taken by the prosecution to bring the appellant to trial. The maximum sentence for the offence allegedly committed by him is 3 years, or fine, or both. Keeping in view the provisions of section 497 of the Code of Criminal Procedure and the circumstances of the case, we allow the appeal and confirm the bail granted to the appellant on 31st January 1967.
Appeal allowed, bail confirmed.
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