Law: Criminal Procedure Code (V of 1898)

Section: 497(1)

Law: Constitution of Pakistan, 1973

Section: 4,9,10A

(a) Criminal Procedure Code (V of 1898)-------S. 497(1), third proviso---Constitution of Pakistan, Arts. 4, 9, 10A & 185(3)--Bail---Delay in conclusion of trial---Grant of statutory bail where the delay in the conclusion of the trial is due to the act of the Court---Principles stated.According to the third proviso to Section 497(1), Cr.P.C. a court shall release the accused on bail in an offence punishable with death if he has been detained for a continuous period exceeding two years, unless the delay in the trial has been occasioned by an act or omission of the accused or any other person on his behalf or the conditions mentioned in the fourth proviso are attracted. The statutory right to be released on bail under the third proviso to Section 497, Cr.P.C. is not merely a statutory right but also stands firmly on constitutional guarantees under Articles 4, 9 and 10A of the Constitution. Under the said Articles the accused, like any other citizen enjoys the protection of law and to be treated in accordance with law; the accused cannot be deprived of liberty, except in accordance with law; and in determination of any criminal charge against him the accused shall be entitled to a fair trial and due process. These basket of rights are available to an accused who enjoys a presumption of innocence in his favour and understandably cannot be subjected to an indefinite pre-trial detention and therefore cannot be denied bail under the third proviso to section 497(1), Cr.P.C unless there is convincing material that the delay has been occasioned by the act or omission of the accused himself or if his case falls under any of the exceptions under the fourth proviso to section 497, Cr.P.C.For an accused to be denied statutory bail, it must be demonstrated that his act or omission, was intentionally aimed at prolonging the trial. It must show a deliberate pattern of seeking adjournments without valid reasons during key hearings such as the examination or cross-examination of prosecution witnesses. Mere counting the number of adjournment requests alone is not enough to justify withholding bail. The application of the third proviso to Section 497(1) of the Cr.P.C when…