928/2024 Cr.Bail UBEDULLAH S/O GUL MUHAMMAD (Applicant) V/S THE STATE (Respondent)

928/2024 Cr.Bail UBEDULLAH S/O GUL MUHAMMAD (Applicant) V/S THE STATE (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 03-JUL-24

Now, I may take up the ground of statutory delay a bare perusal of the above quoted third proviso would show that the Court is obliged to release a person on bail, who, being accused of an offense not punishable with death if he has been detained for such an offense for a continuous period exceeding one year and whose trial for such offense has not been concluded. Similarly, under clause (b) of the above proviso, the Court is obliged to release a person, who, being accused of an offense punishable with death, has been detained for such offense for a continuous period exceeding two years and whose trial for such offense has not been concluded. However, this is subject to the condition provided in the above third proviso, i.e., the delay in the trial of the accused should not have occasioned by any act or omission of the accused or any other person acting on his behalf, while, the fourth proviso provides a further rider on the above statutory right of an accused person to bail on the above ground of statutory delay by laying down that the third proviso to above subsection shall not apply to a previously convicted offender for an offense punishable with death or imprisonment for life or a person who in the opinion of the Court is a hardened, desperate or dangerous criminal or involved in terrorism. In principle the right of an accused to be enlarged on bail under the proviso, referred to ibid, is a statutory right that cannot be denied under the discretionary power of the Court to grant bail, however, if the case falls under the fourth proviso, bail can be refused by the Court.