Law: Criminal Procedure Code (V of 1898)

Section: 426(1-A)

Criminal Procedure Code (V of 1898) S. 426(1-A)-Bail-Appeal not disposed of within two years- Bail to be allowed-Bail could however also be refused for reasons to be recorded by High Court. Date of hearing : 5th December, 1977.                                                                                                                                                         ORDER ANWARUL HAQ, C. J.-The petitioners are aggrieved by the refusal of the Lahore High Court, by its order dated the 24th of June, 1977, to allow them bail during the pendency of an appeal filed by them in the High Court against their conviction and sentence of life imprisonment under section 302/34, P. P. C. by the learned Sessions Judge Bahawal nagar. The conviction was recorded against the petitioners by the trial Court on 12th March, 1974 and they had sought bail before the High Court mainly on the ground that under the newly-inserted subsection (1-A) to section 426 of the Code of Criminal Procedure, they were entitled to it as their appeal had not been heard within two years. This submission was not accepted by a learned Judge of the High Court by his order dated the 18th of March, 1976. He was doubtful whether the new subsection had in fact come into force or not. Even otherwise, he thought that it was not necessary to allow bail in all cases on the ground of this technical provision. In seeking leave to appeal, it is submitted by Mr. Mohammad Asghar Bhatti that the new subsection had been brought into force by a notifica tion issued by the Government on the 26th of December, 1975 and therefore, the learned Judge who passed the initial order on the 18th of March 1976 refusing bail, and also the learned Judge who…