1991 P Cr (PLP)

(b) Criminal Procedure Code (V of 1898)

S. 344

Adjournment can be sought by or on behalf of accused and the same shall be granted for valid reasons

Policy of law is to bring accused persons to justice as early as possible and if they are found guilty to punish them and if found innocent to acquit them, but Court will certainly not refuse to exercise its discretion to adjourn the case when there is reasonable cause for the same.

[Adjournment]. (c) Criminal Procedure Code (V of 1898)

S. 497(1). third proviso

Penal Code (XLV of 1860), S.302/504/34/114

Bail, grant of

Accused could not be penalised due to illness of his counsel or his pre occupation in superior Courts

Accused who was in continuous detention for more than two years was entitled to grant of bail as of right in a situation where the time for which adjournments were sought was excluded in computing the statutory period, accused had still completed the same

Accused in such a situation could be admitted to bail. Abdul Hameed Dogar for Applicant. Zawar Hussain Jafferi, AA.-G. for the State. Applicant Amir who is detained in Crime No.138 of 1987, Mirwah Police Station, under section 302/504/34/114, P.P.C. applied for bail before learned IIIrd Additional Sessions Judge, Khairpur, mainly on the ground of statutory delay, but without success. He has now approached this Court with the same prayer.

2. I have heard Mr. Abdul Hameed Dogar, learned counsel for applicant and Mr. Zawar Hussain Jafferi, learned A.A.-G. for State. The latter has raised no objection to the grant of bail. 3 Admittedly the applicant is in continuous detention since 22-11-1987 and the case has not been disposed of up to this time although period of about three years has elapsed. The delay in the disposal of the case again cannot be attributed to the applicant who except on three occasions did not seek adjournment and all the three times the request was made on genuine grounds. The word occasioned used in third proviso to subsection (1) means to cause or to bring about. Any legitimate request for an adjournment will not be a bar for invoking this proviso. It may be noted that under section 344, Cr. P.C. an adjournment can be sought by or on behalf of accused, which shall be granted, if there are valid reasons for the same. The policy of criminal law is to bring accused persons to justice as early as possible and if they are found guilty, they may be punished and if they are found innocent they may be acquitted, but the Court will certainly not refuse to exercise its discretion to adjourn the case when there is reasonable cause for the same. The applicant, therefore, cannot be penalised due to illness of his counsel or his pre-occupation in superior Courts. In such a situation, the applicant who is in continuous detention for more than two years is entitled to the grant of bail as of right. Even if the period for which the adjournments were sought is excluded in computing the statutory period, the applicant had still completed tile statutory period. Accordingly I am in agreement with the view taken by learned A.A.-G. And grant bail to applicant, who shall be released on bail in the sum of Rs.1,00,000 (Rs. one lac) only with P.R. bond in the like amount to the satisfaction of the trial Court. N.H.Q./A-980/K Bail allowed.