“It appears that by the time, the accused/respondents were
released on bail, period of their incarceration had almost
exceeded two years and admittedly their trial had not concluded
till then. It has not concluded even till today. Confronted with
this position, learned counsel for the petitioner sought to argue
that some delay was also caused owning to the non-appearance
of the accused, who were placed in column No.2 of the challan
and were summoned by the Court. Learned counsel was unable
to give us the exact period of delay so caused and even
otherwise, the delay, if any, caused on account of nonappearance of the co-accused of the respondents could by no
stretch of reasoning be attributed to the latter. Needless to
observe that such delay could not be said to have been
occasioned by any act or omission of the accused/respondents or
any person acting on their behalf.”
(NLR 1997 Criminal (SC) 401)
Used In Judgment of:
Lahore High Court
Crl. Misc.-Post Arrest Bail
16753-B-16
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