A plain language of proviso 3 to sub-Section (1) of Section 497 Cr.P.C. clearly reveals that in cases of non-bailable offences, which are not punishable with death where the accused has been detained for a continuous period exceeding one year and it is found that the delay in the trial has not been occasioned due to any act or omission of the accused, the Court shall direct that the accused be released on bail. This Court has time and again held that liberty of a person is a precious right, which cannot be taken away without exceptional foundations. The co-accused of the petitioners namely Usman, who was ascribed the similar role, has been granted post-arrest bail by this Court, therefore, the petitioners are entitled for the concession of postarrest bail on this score alone. Taking into consideration all the facts and circumstances stated above, we are of the view that the case of the petitioners squarely falls within the ambit of Section 497(2) Cr.P.C. entitling for further inquiry into their guilt.
CRIMINAL PETITION NO. 1720 OF 2022
Noor Kamal and Asad Kamal @ Syed Kamal VERSUS The State and another
30-03-2023
 of Section 497 Cr.P.C. clearly reveals that in cases of non-bailable offences, which are not punishable with death.............){kind=link}
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