| Citation(s) |
|---|
| 2022 SLG 1134 2022 SLD 1134 2022 SCMR 885 |
Supreme Court of Pakistan
Criminal Miscellaneous Application No. 1184 of 2021 in Criminal Petition No. Nil of 2021, decision Dated: 2nd February, 2022, Date of hearing: 2nd February, 2022 (For entertaining the criminal petition)
SAJJAD ALI SHAH, JUSTICE , SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE, MUHAMMAD ALI MAZHAR, JUSTICE
(For entertaining the criminal petition) Mrs. Bushra Qamar, Advocate Supreme Court for Applicant. Danyal Ijaz Chadhar, Advocate Supreme Court for
Respondent No.2. Mirza Abid Majeed, D.P.G., Naveed, ASI and Ahsan., DSP, Circle City Kasur for the State.
Criminal Miscellaneous Application No. 1184 of 2021 in Criminal Petition No. Nil of 2021, decision Dated: 2nd February, 2022, Date of hearing: 2nd February, 2022 (For entertaining the criminal petition)
SAJJAD ALI SHAH, JUSTICE , SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE, MUHAMMAD ALI MAZHAR, JUSTICE
(For entertaining the criminal petition) Mrs. Bushra Qamar, Advocate Supreme Court for Applicant. Danyal Ijaz Chadhar, Advocate Supreme Court for
Respondent No.2. Mirza Abid Majeed, D.P.G., Naveed, ASI and Ahsan., DSP, Circle City Kasur for the State.
MAJOR (R) MUHAMMAD IFTIKHAR KHAN--Applicant
VS
THE STATE AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497(1)
Law: Penal Code (XLV of 1860)
Section: 324,429,148,149,337-D,337-F(V)
(a) Criminal Procedure Code (V of 1898)--- ----S. 497(1), third proviso---Penal Code (XLV of 1860), Ss. 324, 429, 148, 149, 337-D , 337-F(v)---Murderous assault---Bail, refusal of---Delay in conclusion of the trial attributable to the accused---Report of the Trial Court about the day to day proceedings of the trial showed that the delay in conclusion of the trial was mostly attributable to the accused as he kept on moving numerous applications i.e. for acquittal under section 249-A, Cr.P.C, discharge, medical examination of injured, constitution of medical board for re -examination of the injured, stay of proceedings, summoning of roznamcha and original record of re-examination of injured etc---Report of the Trial Court clearly showed that the trial was being concluded by not only taking the matter almost on day to day basis but deciding the applications filed by the parties on almost daily basis---Prosecution evidence was almost complete barring two Investigating Officers and the Doctor, who were yet to be examined---Moreover the accused was specifically nominated in the crime report with a specific allegation of causing fire arm injury on the shoulder of the injured and he was arrested from the spot with the weapon of offence---Application was dismissed and accused was refused bail. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(1), third proviso---Bail---Scope---Delay in conclusion of trial---Bail cannot be claimed as a matter of right even if delay is not attributable to the accused. ORDER: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- Through this application under Order XXXIII, Rule 6 of the Supreme Court Rules, 1980, the applicant has prayed that the Criminal Petition No. Nil of 2021 against the impugned order dated 26.04.2021 passed by the learned Lahore High Court, Lahore may be entertained, numbered and decided on its own merits. 2. Briefly stated the facts of the matter are that the applicant was involved in a criminal case bearing FIR No. 228/2019 dated 11.10.2019 under sections 324/429/148/149/337-D/337-F(v), P.P.C. at Police Station Usman Wala, Kasur. The allegation against the applicant is that he along with his co-accused while…
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