Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898) S. 497-Bail, grant of-Delay in disposal of applicant's case for over one year, not due to any fault on his part--Affidavits filed on behalf of two eye-witnesses of occurrence indicating that accused involved in case was a person other than present accused-Applicant, held, entitled to benefit of S. 497, proviso (1), (a), in circumstances- --Bail allowed. Allah Bakhsh v. Nazar Hussain Shah 1979 S C M R 137 and Rehmat Ali v. State 1979 S C M R 30 rel. Ali Raza v. Sate 1981 P Cr. L J 1080; Muhammad Sadik v. State 1980 S C M R 203 and Allah Bakhsh v. Shommi P L D 1980 S C 225 ref. .                                                                                                                                             ORDER The learned Advocate for the applicant submitted, that the applicant had already remained in custody for over one year and only one prose cution witness was examined on 14th October, 1980, but till today his cross-examination has not taken place and the delay in disposal of the case is not due to any fault on behalf of the applicant and as such on this ground alone the applicant is entitled to grant of bail. The learned Advocate further submitted, that two prosecution witnesses, namely, Khuda Bux, son of Ilyas and Shafi Muhammad, son of Jumo have given their affidavits, in which they have stated that the vehicle which hit them was a wagon and not a bus and the driver of the said vehicle was Negro (Shedi) with gray hair, while the applicant/accused has white complexion and has no grey hairs at all. In support of this contention, the learned counsel showed identification card of the applicant, and relied upon cases reported in 1979 S C M R 137, 1979 S C M R 30 and 1981 P Cr. L J 1080. The learned Additional Advocate-General appearing on behalf of the State has…