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Criminal Miscellaneous No. 1038-B of 1980, decided on 4th May 1980.

-- S. 497 (1), proviso-Bail-Petitioner charged under S. 377/511, P. P. C. detained in Jail for a continuous period exceeding one year and trial not yet concluded-Held: Petitioner became entitled to bail by virtue of proviso to S. 497 (1)-No allegation of petitioner or any other person acting on his behalf having caused delay in trial, petitioner released on bail.

M. A. Zafar for Petitioner.

Sardar A. Khalid for the State.

The petitioner was arrested on 19th April, 1979 in a case of attempted sodomy and he is in Jail eversince. As he has been in Jail for a conti nuous period exceeding one year and the trial not concluded, he has become entitled to bail by virtue of the proviso to section 497, sub-section (1) of the Code of Criminal Procedure. There is no allegation that the delay in the trial has been occasioned by an act or omission of the petitioner or any other person acting on his behalf. I, therefore, direct that he shall be released on bail subject to his furnishing bail bond in the sum of Rs. 10,000 (rupees ten thousand) with two sureties in the like amount to the satisfaction of the trial Court.

Bail granted.