| Citation(s) |
|---|
| 2020 SLG 666 2020 SLD 666 2020 SCMR 458 |
Supreme Court of Pakistan
Criminal Petition No. 1643-L of 2019, decision & hearing Dated: 31-01-2020 (Against the order of the Lahore High Court, Lahore Dated 15.11.2019 passed in Criminal Misc. No. 64585-B of 2019)
MANZOOR AHMAD MALIK, JUSTICE SARDAR TARIQ MASOOD, JUSTICE AMIN-UD-DIN KHAN, JUSTICE
Petitioner(s) by: Naveed Ahmad Khawaja, Advocate Supreme Court
Respondent(s) by: Naveed Iqbal Khan, Advocate Supreme Court Khurram Khan, additional P.G. and Tahir, ASI for the State.
Criminal Petition No. 1643-L of 2019, decision & hearing Dated: 31-01-2020 (Against the order of the Lahore High Court, Lahore Dated 15.11.2019 passed in Criminal Misc. No. 64585-B of 2019)
MANZOOR AHMAD MALIK, JUSTICE SARDAR TARIQ MASOOD, JUSTICE AMIN-UD-DIN KHAN, JUSTICE
Petitioner(s) by: Naveed Ahmad Khawaja, Advocate Supreme Court
Respondent(s) by: Naveed Iqbal Khan, Advocate Supreme Court Khurram Khan, additional P.G. and Tahir, ASI for the State.
MUHAMMAD AZEEM
VS
THE STATE AND OTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Pakistan Penal Code, 1860
Section: 148,149,324,337A(i),337-F(i),337D
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324, 148, 149, 337-A(i), 337-F(i) & 337-D---Attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly, shajjah-i- khafifah, ghayr-jaifah badi'ah, jaifah---Bail, grant of---Statutory ground of delay in conclusion of trial---Accused was taken into custody on 15-09-2018---First charge was framed against him alone on 13-11-2018, thereafter, an application was submitted by the complainant side for summoning another person as co-accused, which was allowed on 30-05-2019; formal charge was framed against the accused and his co-accused on 13.11.2019 and proceedings commenced, meaning thereby that when second charge was framed, the case of accused for bail on statutory ground had already matured---Perusal of orders of Trial Court showed that on certain occasions non-bailable warrants of arrest of witnesses were issued---Accused, in circumstances, had made out a case for his release on bail on statutory ground i.e. non-conclusion of trial within the period specified under S.497, Cr.P.C, as from the circumstances of the case, he could not be solely held responsible for delay in the conclusion of trial, nor was he a desperate or hardened criminal; nor an accused of terrorism and had no record of previous conviction - Accused was granted bail accordingly. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- Seeks leave to appeal against the order dated 15.11.2019, whereby bail was refused to him by the learned Lahore High Court, Lahore in case FIR No. 374 dated 26.06.2018, offence under sections 324, 337D, 337-F(i), 337-A(i), 148, 149, P.P.C., registered at Police Station Farid Town, District Sahiwal. 2. After hearing the learned counsel for the parties at length and perusal of available record, it has been observed by us that as per contents of FIR, the petitioner is accused of causing a firearm injury on the person of Muhammad Farooq. He was taken into custody on 15.09.2018. First charge was framed against him alone on 13.11.2018. Thereafter, an application was submitted by the complainant side for summoning another person as accused, which was…
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