Maintainability of second bail application on "fresh ground" of delay in trial that occurs after rejection of first bail application on same ground, explained

 PLD 2023 SC 648

Maintainability of second bail application on "fresh ground" of delay in trial that occurs after rejection of first bail application on same ground, explained

(ii) The 3rd proviso to Section 497, CrPC, becomes operative as and when a period of one year passes but trial in an offence not punishable with death is not concluded for no fault of the accused;

(iii) Delay in conclusion of trial that occurs for no fault of the accused in the year following the rejection of his first bail application on the statutory ground of delay, is to be considered a “fresh ground”, not earlier available to him, for entertaining his second bail application.

S. 497 ( 1 ) , third proviso --- Constitution of Pakistan , Arts 9 , 10A & 14 -- Second bail application / petition --- Maintainability . Fresh grounds --- Scope --- Delay in trial that occurs after rejection of first bail application on statutory ground of delay in conclusion of trial --- Delay in the conclusion the trial that occurs for no fault of the accused in the year following the rejection of his bail application on the statutory ground of delay , is to be considered a " fresh ground " , not earlier available to him , for entertaining his second bail application , within the meaning and scope of that term .

PLD 2023 SC 648

S. 497 ( 1 ) , third proviso --- Constitution of Pakistan , Arts 9 , 10A & 14 -- Second bail application / petition --- Maintainability . Fresh grounds --- Scope --- Delay in trial that occurs after rejection of first bail application on statutory ground of delay in conclusion of trial --- Delay in the conclusion the trial that occurs for no fault of the accused in the year following the rejection of his bail application on the statutory ground of delay , is to be considered a " fresh ground " , not earlier available to him , for entertaining his second bail application , within the meaning and scope of that term .

PLD 2023 SC 648