Law:

Section:

Bail-- ----Delay in trial--Unnecessary adjournments, occasions due to absence of presiding officer or due to non production of accused from jail--Delay in conclusion of trial could not be legitimately attributed to petitioner but mainly due to prosecution and co-accused, for which petitioner cannot be blamed--Several adjournments were allowed but due to request of co-accused or for some other reasons, not attributable to petitioner and only few adjournments of negligible numbers were sought by petitioner and that too for reason that his counsel was busy in superior Court in some other cases. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Bail on basis of statutory delay--Contention's case falls under special law, which does not recognize grant of bail and because provision of Section 497, Cr.P.C. is not applicable therefore, petitioner cannot be granted bail on basis of statutory delay by pressing into service proviso attached to Section 497, Cr.P.C. Statutory Law-- ----True that statutory law on subject under NAB Ordinance, 1999 does not recognize grant of bail to accused persons facing charges under statutory law. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Bail--Statutory delay even after such a long delay in conclusion of trial cannot be let free on bail because application of Section 497, Cr.P.C. with its 3rd proviso relating to grant of bail on ground of statutory delay is inapplicable and not attracted at all to his case, is not of paramount consideration. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--National Accountability Ordinance, 1999, S. 16--Bail, speedy trial--Right of accused--Pakistan is a welfare state where liberty of individual has been guaranteed by Constitution beside fact that speedy trial is inalienable right of every accused person, therefore, even if provision of Section 497, Cr.P.C. in ordinary course is not applicable, broader principle of same can be pressed into service in hardship cases to provide relief to a deserving accused person incarcerated in jail for a shockingly long period--Principle may be vigorously pressed into service in cases of that nature if objects and purposes of mandatory…

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