Law:

Section:

Criminal Procedure Code (V of 1898)-5. 498-Bail in non-bailable offence-Inordinate delay in prosecu­tion amounting to abuse of process of law-Can be treated as sufficient ground for grant of bail-Majority of adjournments in case not due to any fault of defence and prosecution dragging on for more than 5 years whilst accused denied bail-Action of prosecution arid Courts, held, amounted to abuse of process of law. It is true that the view of the Supreme Court has consistently boon that mere delay by itself is not a sufficient ground for the granting of bail ; but, at the same time it cannot be said that inordinate or unjustified delay in the prosecution of a case amounting to an abuse of process of law can never be taken into account as relevant ground for the granting of bail. If the delay is so inordinate or so scandalous or so shocking as to amount clearly to an abuse of the process of law there can be no reason either in principle or in law as to why it cannot bt treated as a sufficient ground for the granting of bail. If such delay can be sufficient for quashing a criminal proceeding then it can also be an equally good ground for the granting of bail. Riasat Ali v. Ghulam Mahammad P L D 1968 S C 353 ; Manzoor v. The State P L D 1972 S C 81 ; Manzoor Khan v. Kamir 1972 S C M R 207 ; Muhamad Sadiq v. Muhammad Shaf 1973 S C M R 212 and Bashir Ahmad v. The State P L D 1973 Lah. 486 ref. JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, is directed against an order of a learned Single Judge of the Sind & Baluchistan High Court refusing to enlarge the fourteen appellants herein on bail. The fourteen appellants herein were arrested between the 25th of May 1968 and the 31st of May 1968, on the basis of a F. I. R. filed on the 24th of May 1968 alleging that at about 10-30 p.m. of that day some 15 to 20 unknown persons had broken into the house of the complainant where two other unknown persons had taken shelter. Later it was found that one of the said two persons was lying near the gate of quarter No. 35 in an injured condition and the second man was lying seriously wounded some 200. steps away at Chowrangi. The complainant neither knew the names of…

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