Law: Criminal Procedure Code (V of 1898)

Section: S. 497(1), third proviso,, Ss. 161, 162, 109 & 409-. /S.5(2)

Law: Pakistan Penal Code, 1860

Section:

Law: Prevention of Corruption Act, 1947

Section:

Criminal Procedure Code (V of 1898)---

----S. 497(1), third proviso---Penal Code (XLV of 1860), Ss. 161, 162, 109 & 409--Prevention of Corruption Act (II of 1947), S.5(2)---Constitution of Pakistan, Art. 185(3)---Public servant taking gratification by corrupt or illegal means, abetment, criminal breach of trust by public servant, criminal misconduct---Bail, grant of--Statutory ground of delay in conclusion of trial---Present case did not involve any crime punishable by death---Petitioner (accused) was arrested on 05.08.2022 and was behind the bars since then---Charge in the case was framed on 12.06.2023 and yet the trial had not been concluded---Grant of bail on the statutory ground of delay in the conclusion of trial was a right of accused unless such delay had been occasioned as a result of his own conduct---Only ground on the basis of which the petitioner's application for bail was dismissed was that petitioner moved an application under Section 265-K, Cr.P.C---However, the same did not reflect any design, pattern, or concerted effort by the petitioner to delay the conclusion of trial--An application for the protection of the accused's rights and for fair trial guaranteed under Article 10-A of the Constitution did not amount to any design, pattern, or concerted effort by the accused to delay the trial---Thus, merely moving an application under Section 265-K, Cr.P.C does not amount to deliberate delay on the part of the accused in conclusion of trial---In the present case only one application was moved and after that no adjournment was sought by the counsel for the accused on the relevant date of hearing---In such view a case of statutory ground of delay in the conclusion of trial was prima facie made out within the remit of Section 497, Cr.P.C.---Petition was converted into an appeal and allowed, and the petitioner was granted post-arrest bail.

Shakeel Shah v. State and others 2022 SCMR 1 ref.