' This application for bail has been presented on behalf of Panjal son of Allah Bakhsh, who is facing trial under sections 307, 353, 332 and 333 P.P.C. Vide Crime No,78/88 of Police Station Ahmad Pur in the Court of IInd Additional Sessions Judge, Khairpur.
2. The only ground taken in the bail application and urged before me is the statutory delay. The applicant was admittedly arrested on 11th August, 1988 and it is since then that he is continuously in custody. It is stated at the Bar that even charge has not been framed so far. The learned A.A.-G.
Does not object to the grant of bail although certain adjournments have been sought by the applicant during this period.
3. I am of the opinion that since charge has not been framed in the case, the adjournments if any, taken by the applicant were even otherwise of no significance inasmuch as it is the delay in the trial of the accused, which has been caused by an act or omission of the accused or any other person acting on his behalf which disentitles him to the concession of bail under 3rd proviso to section 497(1), Criminal Procedure Code. Unless charge is framed no delay in trial can be attributed to the accused person even if he had sought certain adjournments. However, in the instant case, the applicant having remained continuously in custody for almost two years, he is entitled to the concession of hail under 3rd proviso to section 497(1), Criminal Procedure Code. The applicant, therefore, be released on bail subject to his furnishing one surety in the sum of Rs,50,000 with P.R.
Bond in the like amount to the satisfaction of the trial Court.