Law:

Section:

Criminal Procedure Code (V of 1898) ----Ss. 497 & 498 Bail Delay Delay, per se, not a good ground of bail yet accused may be entitled to bail in case of unconscionable and inordinate delay in trial amounting to abuse of process of Court Petitioner in custody for about 1½ years and his trial expected to commence within a year or so Delay in such circumstances, held, could not be described as unconscionable.- Riyasat Ali v. State P L D 1977 S C 580 distinguished. Sher Zaman v. Muhammad Azad 1978 S C M R 248; Barkhurdar v. Liaqat Ali P L D 1977 S C 434 Muhammad Salahuddin on Fundamental Rights in Islam and Salmond's Jurisprudence ref. ORDER NASIM HASAN SHAH, J. This petition for leave to appeal is directed against the order dated 31 7 1978 passed by the Lahore High Court, whereby the bail application (Cr. Misc. No. 2906/B of 1978) of the petitioner was dismissed in limine. A case was registered against the petitioner and some others under sections 302/149 and 148, P. P. C. on 8 5 1976 at Police Station Wahndo, Tehsil and District Gujranwala. The petitioner applied for bail before the Sessions Judge mainly on the ground of delay. This application was dismissed by the learned Additional Sessions Judge vide his order dated 17 7 1978 and on the point of delay he observed as follows : "This case relates to the year 1976 and is not expected to be fixed for hearing in the near future. It might take over a year for the trial of the case to take place but this argument should generally be available to all the accused persons at least in cases which are older than 1976, and there are quite a few of them. The petitioner then applied to the High Court and he relied upon this Court's judgments in Riyasat Ali v. State (P L D 1977 S C 480) and Sher Zaman v. Muhammad Azad (1978 S C M R 248). The learned Judge rejected he application for bail observing that this was a case of double murder where the petitioner and his co-accused killed two persons by inflicting several Toka injuries on their necks, severing the neck of one deceased. On the point of delay, the learned Judge, placing reliance upon this Court's judgment in Barkhurdar v. Liaqat Ali (P L D 1977 S C 434) found no…

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