1. ' GHULAM NABI SOOMRO, J.---Applicant Brirgadier (Retd.) Aslam Hayat Qureshi seeks bail in NAB case Reference No,38 of 2000 pending trial before the Accountability Court No,1, Karachi. The contention of learned counsel for the applicant mainly is that the bail to co-accused namely Ch. Ahmed Mukhtar has been granted by this Court vide order, dated 8-10-2001 on the ground of statutory delay in conclusion of trial under Proviso three of subsection (1) of section 497, Cr.P.C. His further contention was that the same ground is available to the present applicant and on merits his case is less serious than the of co-accused. Mr. Syed Tariq Ali, learned Federal counsel, however, inter alia contended that the surety amount in the case of present applicant should be more than in the case of co-accused, in view of the prosecution allegations.
2. The applicant was arrested on 12-6-2000 and he is in continuous in custody since last more than one year. Maximum sentence prescribed under the law for the offence is 14 years' R.I. Only. No delay is shown to have been caused by or on behalf of the applicant in the conclusion of I the trial.
3. Learned counsel for the applicant during the hearing produced before us a copy of the Ordinance LIV of 2001 whereby the provisos three and four to subsection. (1) of section 497, Cr.P.C:, have been deleted. Learned counsel for the applicant placed reliance upon the case of Asif Ali Zardari v. The State reported as 1993 PCr.LJ 781 and submitted that the amendment made in section 497, Cr.P.C.
4. Through the aforesaid Ordinance would have no retrospective effect. Learned Federal counsel has nothing to argue to the above contentions.
5. Bail is accordingly granted to the applicant subject to his furnishing a solvent surety in the sum of Rupees ten million and P.R. Bond in the like amount to the satisfaction of the Trial Court.