1. ' This application has been presented on behalf of Gul Hassan Shah sio Ghulam Rasul Shah, who is facing trial for the offence under section 11/16 of the Offence of Zina (Enforcment of Hudood)
2. Ordinance, 1979, vide crime No, 47/88. The solitary ground on which this application has been made is of statutory delay over one year in disposal of the case as the applicant is continuously in custody for over one year. He was arrested on 26th April, 1988, and it is since then that he is in custody. It is contended by the learned counsel for the applicant that no adjournment was sought on behalf of the accused and that he is neither a previous convict nor hardened, desperate or dangerous criminal. The bail application presented before the learned VIth Additional Sessions Judge, Hyderabad, has been rejected upon consideration of the merits of the case. No observation has been made by the learned trial Court, with regard to the application or otherwise of the fourth proviso to section 497 (1), Cr.P.C.
3. The learned A.-A.G. Does not oppose the bail application.
4. ' I am really surprised to note that the learned VIth Additional Sessions Judge, Hyderabad, has failed to dispose of the bail application in accordance with the law despite there being a treasure of authorities by now available on the subject. It is a statutory right of an accused to be enlarged on bail if he has continuously remained under detention for a period over one year and whose trial for such offence has not concluded and the offence is not punishable with death. The only ground on which his right to be released on bail can be declined, is that he is either a previous convict or that he is a hardened, desperate or dangerous criminal.
5. Under the aforesaid facts and circumstances of the case I would admit the applicant to bail subject to his furnishing one surety in the sum of Rs,50,000 (Rupees fifty thousand) with PR in the