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Bail Application No.288 of 1985, decided on 21st December,1985.
----‑‑S. 497(1), proviso III‑‑Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984), S.5(6)‑‑Penal Code(XLV of 1860), S.4091467/ 468/471/471‑A/109‑‑Prevention of Corruption Act (II of 1947), S.5(2)‑ Bail, grant of‑‑Accused who admittedly was a convicted person remaining in jail for a period of 'three years continuously‑‑Rigour of Exception to proviso III to 3.497(1) which disqualified a convicted person from grant of, bail in case of continuous detention for one year, held, had got to be relaxed in case of continuous detention of an accused person for a period of 3 years‑‑Bail granted.
Wasi Zafar for Petitioner.
Nazir Ahmad Ghazi, P.P. for the State.
In the challan, the accused‑petitioner Aurangzeb has been shown to have been arrested on 28‑11‑1982. The same has been shown in conviction slip of the accused‑petitioner on the record of this case. This accused was tried by Special Military Court No.46 in case F.1.R. No.35/81 and case. F.I.R. No.47/81. In F.I.R. 47/81 accused‑petitioner was acquitted while in F.I.R. No.35/81 he was convicted and sentenced to R.I. for one year and to a fine of Rs.30,000 but on his appeal the balance of his rigorous imprisonment and fine was remitted by Martial Law Administrator by his letter, dated 26‑3‑1985. It is true that 'he continues to be a convicted person but he has been continuously in jail for a Period of three years since the date of his arrest which its two years more than the statutory period of continuous detention entitling a person of grant of bail. Rigour of the exception, to proviso III to subsection (1) of section. 497, Cr.P.C. which disqualifies a convicted person from grant of bail in case of continuous detention for one year has got to be relaxed in case of continuous detention of an accused person for a period of 3 years, I, therefore grant him bail in the sum of Rs.1,80,000 with one surety in the like amount to the satisfaction of Registrar of this Court.
H.A.K. Bail granted.
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