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Criminal Miscellaneous No. 1787‑B of 1983, heard on 27th August, 1983.
‑‑‑S. 497(1), third proviso‑‑Penal Code (XLV of 1860), S. 302/307 148/149‑‑‑Bail, grant of‑‑Trial of case not concluding within statutory period of two years from date of arrest of accused‑‑Delay in trial not occasioned by any act or omission on part of accused but due to act of either police or jail authorities in not producing him or on part of co‑accused who was not accused's agent nor was acting on his behalf‑‑ Accused, held, entitled to grant of bail under third proviso to subsection (1) of S. 7, Cr.P.C.
Dr. Khalid Ranjha for Petitioner.
Nemo for the State.
Date of hearing: 27th August, 1983.
I have perused the record received from the Court of Additional Sessions Judge. The petitioner was arrested on 12‑6‑1981. On 20‑11‑1982 and 23‑12‑1982, the petitioner was not produced from the jail. It was the police or jail authorities who did not produce him. The other adjournments in this case had been occasioned on account of the fact that the co‑accused Ahmad Din had absconded and was not available. It is clear, therefore, that the delay in the trial has not been occasioned by any act or omission on the part of the petitioner, but due to the act of either the police or jail authorities in not producing him or the act or omission on the part of co‑accused Ahmad Din, who was not the petitioner's agent nor was acting on his behalf. The statutory period of two years from the date of petitioner's arrest has already expired without the trial of petitioner having concluded without any fault on his part. The petitioner is, therefore, entitled to the grant of bail under third proviso to subsection (1) of section 497, Cr.P.C. I, therefore, grant him bail in the sum of Rs.40,000 with two sureties each in the like amount to the satisfaction of the A.C., Sheikhupura.
2. The record of the case shall be returned to the Court concerned forthwith.
H.A.K. Bail allowed.
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