45. “Before concluding the above discussion it will not be out
of context to point out that the third proviso to section 497 the
Criminal Procedure Code is also substantially contributing
towards the delay in the disposal of criminal cases as it entitles
and accused person accused of an offence not punishable with
death to obtain bail on the expiry of one year from the date of his
arrest, and in case of an offence punishable with death on the
expiry of two years period from the date of his arrest. Some of the
accused persons by their design ensure that the trials of their cases
are delayed, so that they may come out of jails on the expiry of the
above statutory period. In my humble view, the above provision
has been misused and the same needs to be deleted. I may also
observe that even before the incorporation of the above proviso, it
was open to a Court to grant bail in a fit case on the ground of
inordinate delay in the trial of a case, but no accused person was
entitled to claim bail as a matter of right on the expiry of certain
period.”
(PLD 1999 SC 504 and page 635)
Used in judgment of
Lahore High Court
Crl. Misc.-Post Arrest Bail
16753-B-16
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