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Criminal Miscellaneous No. 173/B of 1977, decided on 27th January 1977.
-----S. 497‑Trial ‑ Delay‑Contention that although 20 months passed yet trial not commenced and further delay was likely to occur in view of large number of cases having accumulated in Courts because of amendment in Criminal Procedure Code, doing away with commitment proceedings, a right had accrued to accused for grant of bail‑Prima facie a delay of 20 months, held, was no justification for grant of bail, in circumstance‑If contention, held further, accepted as a general rule, all persons accused of murder would be released on bail forthwith and let loose on public Bail declined, in, circumstances.‑[Bail‑Delay].
Gulzar Hassan for Petitioner.
Ch. Riasat Ali for the Complainant.
S. A. Akhtar for the State.
This is an application for grant of bail by Ibrahim.
2. His bail applications (Crl. Misc. No. 280‑B‑76 anal Crl. Misc. No. 4153‑B‑76) were dismissed on merits. He has now applied for bail on the ground of "inordinate delay" in the completion of the trial.
3. It is submitted by the learned counsel for the petitioner that the F. I. R. in this case was lodged on 20‑6‑1975, the petitioner was arrested soon thereafter, and that since about 20 months have passed, bat the trial has not taken place as yet send is likely to be further delayed in view of large number of cases accumulated in the Court of learned Session Judge, because of the recent amendment in the Criminal Procedure Code doing away with the commitment proceedings.
4. The learned State Counsel opposed the application.
5. I am of the view that in the circumstances prevailing at present, delay of 20 months is not inordinate. It is correct that because of the recent amendment in the Criminal Procedure Code, a large number of cases have been sent up directly, to the Court of Session and a number of such cases are pending before various learned Sessions Judges and delay is, therefore, likely to occur. If the above‑mentioned contention of the learned counsel for the petitioner is accepted, then almost all persons accused of murder must by released on bail forthwith and let loose on public: Moreover a number of new Additional Sessions Judges are likely to be appointed in the' rear future. However, the petitioner would be entitled to grant of bail if there is further delay and his case is covered by the dictum of Insar Hussian v. The State (Cr. P. S. L. A. No. 394/75).
The application is, therefore, dismissed.
Petition dismissed
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