| Citation(s) |
|---|
| 2018 SLG 3075 2018 SLD 3075 2018 YLR 71 |
Peshawar High Court
B. A. No. 1515-P of 2017, decision & hearing Dated: 11-09-2017.
QAISER RASHID KHAN, JUSTICE
Petitioner(s) by: Tafseel Khan Afridi
Respondent(s) by: Syed Sikandar Hayat Shah, A.A.G. Shah Faisal Utman Khel for the Complainant
B. A. No. 1515-P of 2017, decision & hearing Dated: 11-09-2017.
QAISER RASHID KHAN, JUSTICE
Petitioner(s) by: Tafseel Khan Afridi
Respondent(s) by: Syed Sikandar Hayat Shah, A.A.G. Shah Faisal Utman Khel for the Complainant
ASHFAQ AHMAD
VS
THE STATE AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Offences Against Property (Enforcement of Hudood) Ordinance 1979
Section: 17(3)
Law: Pakistan Penal Code, 1860
Section: 412
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 412---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)---Dishonestly receiving stolen property in commission of an offence, haraaba---Bail, grant of---Statutory ground of delay---Accused was behind the bars for thirty three months---Challan had been submitted in the court and conclusion of trial was not in sight---Delay was not attributable to accused---Accused, in circumstances, was entitled to concession of bail on ground of statutory delay---Bail was granted accordingly. THIS ORDER PASSED BY: QAISER RASHID KHAN, J.--- The accused/petitioner, Ashfaq Ahmad, seeks bail in case FIR No. 769 dated 15.10.2014, under section 17 (3) Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with sections 412, P.P.C. and 15 AA, registered at police station Pahari Pura, Peshawar on the ground of statutory delay in the conclusion of trial. 2. Arguments he was and available record perused. 3. Earlier, bail was declined to the accused/petitioner or merits by this court vide order dated 15.01.2016 in No. 2458-P of 2015. This time, the accused/ petitioner through his counsel has only pressed into service the ground of delay which has occasioned whereby his trial has not been concluded ever since…
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