1988 P Cr (PLP)
STEPHEN ALBA‑‑Petitioner Versus THE STATE‑‑.respondent
| Citation | 1988 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | Saeeduzzaman Siddiqui, J |
| Parties | STEPHEN ALBA‑‑Petitioner Versus THE STATE‑‑.respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1988 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: Saeeduzzaman Siddiqui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 P Cr (PLP) (STEPHEN ALBA‑‑Petitioner Versus THE STATE‑‑.respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑S. 497‑‑Customs Act (IV of 1969), S.. 156(1)(8)‑‑Bail, grant of‑ Statutory delay‑‑Delay not attributable to accused‑‑--Not a ‑single adjournment due to an act of the accused, by accused or of any other person acting on his behalf‑‑Delay occurring due to non-production of accused by authorities‑‑Grant of bail under third. proviso to 5.497, Cr.P.C., held, was not discretionary but a statutory right of accused‑‑Accused being a foreigner was no ground for. refusing bail‑‑Bail allowed in circumstances. M.R. Sayed for Applicant. Niaz Ahmed Khan for the State.
Judgment & Decree
Criminal Bail Application No.85 of 1987, decided on 20th September, 1387. ‑‑‑S. 497‑‑Customs Act (IV of 1969), S.. 156(1)(8)‑‑Bail, grant of‑ Statutory delay‑‑Delay not attributable to accused‑‑--Not a ‑single adjournment due to an act of the accused, by accused or of any other person acting on his behalf‑‑Delay occurring due to non-production of accused by authorities‑‑Grant of bail under third. proviso to 5.497, Cr.P.C., held, was not discretionary but a statutory right of accused‑‑Accused being a foreigner was no ground for. refusing bail‑‑Bail allowed in circumstances. M.R. Sayed for Applicant. Niaz Ahmed Khan for the State. The applicant who is accused of offence under section 156(1)(8) of the Customs Act has applied for grant of bail on the sole ground of delay. The applicant was arrested in the case on 7‑7‑1988 and it is stated that his trial so far has not concluded, The applicant has placed on record certified copy of the order‑sheet which shows that the challan in. the case was presented on 17‑7‑1986 but till today only one witness was partly examined on 8‑7‑1987: Mr. Niaz Ahmed Khan, learned counsel for the State contends that the delay has occasioned in the trial of the applicant on account of non‑production of the accused in Court on various dates due to security reasons. It is also contended by the learned counsel that in any case the trial of the accused having started within ‑period of one year from the date of his arrest the discretion should not be exercised in favour of the applicant by enlarging him on bail specially when he is foreigner and there is possibility of his abscondance if admitted to bail. None of the contentions raised' by the learned counsel has any relevance for refusing the bail to the ' applicant. Under the third proviso to section 497, Cr.P.C. grant of bail to an accused is not discretionary. The right of an accused to be enlarged on bail on account of delay in the trial is a statutory right which can only be defeated on the grounds mentioned in said proviso, namely, that the delay in the trial has been occasioned on account of any act of the accused or of any other person acting on his behalf. From the diary sheets placed on record it is abundantly clear that not a single adjournment in the case was either on the instance of the accused or on account any other person acting on his behalf. The fact that the accused is a foreigner is also not relevant ground for refusing bail under 3rd proviso to section 497, Cr.P.C. I accordingly admit the accused to bail in the sum of Rs.2 lacs with one surety and P.R. in the like amount to the satisfaction of the trial Court. S.A./S‑161/K Bail granted.