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Criminal Bail Application No. 37 of 1980, decided on 30th January 1981.

-‑‑ S. 497‑Bail‑‑Delay, effect of‑‑-[Murder‑case] --‑ Ever since their arrest applicants continuously in custody and their period of custody exceeding 2 years while conclusion of trial not yet in sight‑No act or omission alleged against accused or any one else on their behalf in delaying trial‑Applicants, held, entitled to bail, in circumstances.‑[Delay].

Assardas for Applicant.

Amanullah Qureshi for A.‑G. for the State.

Faroog Pirzada for Complainant.

The only point raised by the learned counsel is that trial of the case has not yet concluded and the applicants have remained in custody for more than two years. He further contends that three witnesses have so far been examined and there remain many more to be examined, He argues that ever since their arrest on 30th September, 1977, they have continously remained in custody and their period of custody as such exceeds two years. He refers to amendment of section 497, Criminal Procedure Code, by Ordinance LXXI of 1979, whereby a proviso is added to subsection (1), which reads as under:‑‑

"In the said Code, in section 497, in subsection (1) in the Second Proviso, for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely :

"Provided further that the Court shall, except where it is of opinion that the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on his behalf direct that any person shall be released on bail‑

(a) Who, being accused of any offence not punishable with death, has been detained for such offence for a continuous period exceed ing one year and whose trial for such offence has not concluded or

(b) Who, being accused of any offence punishable with death has been detained for such offence for a continuous period exceeding two years and whose trial for such offence hat not concluded,"

He therefore argues that applicants are entitled to be released on bail in view of the above said amendment of section 497, Cr. P. C.

The learned counsel for the State concedes to this mandatory legal position and bas no objection to grant of bail.

Since the new amendment has been incorporated in section 497. Cr. P. C. and no act or omission has been alleged against the applicants or any one else on their behalf in delaying the trial, the applicant are entitled to bail.

Therefore keeping new amendment in view, I grant bail to all the applicants who shall be released on bail subject to their furnishing solvent sureties in the sum of Rs. 20,000 each and P. R. bond in the like amount to the satisfaction of the 1^st Additional Sessions Judge, Sukkur.

Bail granted.

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