Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: National Accountability Ordinance, 1999

Section: 9

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---National Accountability Ordinance (XVIII of 1999), S. 9---Initiating bills and making payments to contractors without any tendering process or award of contracts---Bail, grant of---Inordinate and unconscionable delay in conclusion of trial---Accused and co-accused were in jail for about or more than two years respectively --- Admittedly the Reference in the subject case was filed on 22-11-2018 against forty-five (45) accused persons including the present accused and co-accused, whereas, the charge was framed against them on 10.10.2019 and after framing of charge out of twenty (20) witnesses, four (4) prosecution witnesses were examined---Thus, in a period of two (2) years only four prosecution witnesses had been examined out of twenty (20) witnesses by the Trial Court---For the rest of the witnesses the trial was most likely going to take a sufficient period to conclude---Record showed that the accused was shown to have been arrested on 09-11-2017, while co-accused was shown to have been arrested on 17.03.2020 and they were in custody without any progress in the matter---Such a long delay constituted ‘inordinate and unconscionable delay’---Bail applications were allowed and the accused and co-accused were granted bail on the ground of ‘inordinate and unconscionable delay’ in conclusion of their trial. Talat Ishaq v. National Accountability Bureau PLD 2019 SC 112 and Himesh Khan v. The National Accountability Bureau (NAB) Lahore 2015 SCMR 1092 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497--- Constitution of Pakistan, Art. 10-A--- Under trial prisoner---Bail, grant of---Grounds---Inordinate and unconscionable delay in conclusion of trial---Article 10-A of the Constitution, which includes the right to an expeditious trial should be meaningful and should be fully applied to protect an under trial prisoner from prolonged periods of incarceration during his trial due to no fault of his own. Muhammad Sidique for Applicant (in Criminal Bail Application No. D-258 of 2021). Manzoor Hussain Larik for Applicant (in Criminal Bail Application No. D-11 of 2022). Mujeeb-ur-Rehman Soomro and Bahawal-u-Din…

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