Statutory ground--Post arrest bail-- Under third proviso to Section 497(1) of Cr.P.C, a statutory ground exists for granting post-arrest bail to an accused due to......

 PLJ 2025 SC (Cr.C.) 11
2024 SCMR 1543

Statutory ground--Post arrest bail-- Under third proviso to Section 497(1) of Cr.P.C, a statutory ground exists for granting post-arrest bail to an accused due to delays in conclusion of trial--A person accused of an offence not punishable by death has right to be released on bail if they have been detained for over a year, provided delay in trial’s conclusion was not caused by their actions or actions of someone on their behalf, and situation does not fall under fourth proviso to Section 497(1) of Cr.P.C.

PLJ 2025 SC (Cr.C.) 16

NAEEM SAJID and others versus STATE

Crl. P. No. 46 of 2024

In the offences that fall within the prohibitory clause of Section 497(1), Cr.P.C., the post-arrest bail is granted on three grounds: (i) under the first proviso to Section 497(1), Cr.P.C., on the ground of the accused being a minor, or a woman, or a sick or infirm person; (ii) under the third proviso to Section 497(1), Cr.P.C., on the ground of delay in the conclusion of the trial beyond the period prescribed for no fault of the accused; and (iii) under Section 497(2), Cr.P.C., on the ground of further inquiry into the guilt of the accused. The present case, by tentative assessment, does not seem to be one of the further inquiry.

It is trite law that rule of consistency is applicable only when one person’s case is at par with rest of accused whose post-arrest bail has been granted--

NAEEM SAJID and others versus STATE

Crl. P. No. 46 of 2024

PLJ 2025 SC (Cr.C.) 16