JAVED KHAN vs State S — 2022 YLR 1655 PESHAWAR-HIGH-COURT

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JAVED KHAN VS State S. 497---Bail---Statutory ground of delay---Scope---Part (a) of third proviso to S. 497(1), Cr.P.C. envisages that in an offence not punishable with death, the trial of the accused is to be concluded within a period of one year from the date of his/her detention, and in case the trial was not so concluded, the law mandates the release of the accused on bail---Accused has a statutory right to be released on bail if his trial for such offence was not concluded within a period of one year from the date of his detention and such period begins from the date of the arrest/detention of the accused and it is of little importance as to when the charge was framed and the trial commenced---Purpose and objective of the provision is to ensure that the trial of an accused is conducted expeditiously and the pre-conviction detention of an accused does not extend beyond the period of one year in cases involving offences not punishable with death---If the trial of an accused was not concluded within a year of his detention, the statutory right to be released on bail ripened in his favour---Such statutory right to be released on bail is, however, subject to two exceptions: one is embodied in the third proviso itself and the second is provided in the fourth proviso to S. 497, Cr.P.C.---As per these exceptions, the right to be released on bail on the ground of delay in conclusion of the trial is not available to an accused if: (i) the delay in conclusion of the trial is occasioned by an act or omission of the accused or by any other person acting on his behalf, or (ii) the accused is a convicted offender for an offence punishable with death or imprisonment for life or is, in the opinion of the Court, a hardened, desperate or dangerous criminal or is accused of an act of terrorism punishable with death or imprisonment for life---Second exception to the right of the accused to be released on bail on the ground of delay in conclusion of the trial is provided in the fourth proviso to S. 497, Cr.P.C. according to which the provisions of the third proviso do not apply to the accused who is: (i) a convicted offender for an offence punishable with death or imprisonment for life; or (ii) a hardened, desperate or dangerous criminal, in the opinion of the Court; or (iii) an accused of an act of terrorism punishable with death or imprisonment for life. Head NotesCase Description

JAVED KHAN vs State S — 2022 YLR 1655 PESHAWAR-HIGH-COURT

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