Case Details

Citation(s)
2012 SLG 2743 2012 SLD 2743 2012 PLD 147
Sindh High Court
Bail Application No. 1321 of 2011, decided on 31st December, 2011, DATE of hearing: 31st December, 2011.
MUHAMMAD TASNIM, J
Naveed Ali for Applicant. Muhammad Iqbal Awan, A.P.G. Nemo for the Complainant.

Before Muhammad Tasnim, J ZIA-UDDIN--Applicant

VS

THE STATE

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324/109/ 34--- Attempt to commit qatl-e-amd, abetment---Bail, grant of---Delay in conclusion of trial---Accused's previous bail application before High Court had been dismissed with direction to Trial Court to conclude the trial within forty five days but from diary sheet of Trial Court it appeared that due to delay on part of the prosecution witnesses, Trial Court could not comply with the direction of the High Court---Report of Superintendent Jail showed that applicant was not a previously convicted offender for an offence punishable with death or imprisonment for life, nor a desperate or dangerous criminal or was accused of an act of terrorism punishable with death or imprisonment' for life---Delay in conclusion of trial was not attributable to the accused---Trial could not be said to have concluded when three prosecution witnesses were yet to be examined and in such circumstances concession of bail on grounds of statutory delay could not be denied to the accused---Accused having made out a case for grant of bail on grounds of statutory delay in conclusion of trial, he was admitted to bail. Nazir Hussain v. Ziaul Haq and others 1983 SCMR 72; Muhammad Siddique v. Muhammad Behram and another 1998 PCr.LJ 358; Barkhurdar v. Liaqat Ali and others PLD 1977 SC 434; Zahid Hussain Shah v. The State PLD 1995 SC 49; Mirza Shaukat Baig and others v. Shahid Tamil and others PLD 2005 SC 530; Arbab. alias Qasim v. The State 2006 MLD 1846; Syed Faisal Hussain v. The State 2009 YLR 24; Civil Petition No.620-K of 2011, dated 11-8-2011; Syed Maqsood Ahmed v. The State and others); C.P..No.D-1854/2011 dated 20-6-2011); Syed Maqsood Ahmed v. The State and others); Cr!. Bail Application No. 382 of 2011 (Atif Aziz Polani v. The State dated 16-5-2011; Criminal Bail Application No.565 of 2011 (Syed Hasnain Raza Zaidi v. The State) dated 2-6-2011 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497 [as amended by Code of Criminal Procedure (Amendment) Act (VII of 2011), S.3] Bail---Statutory delay in conclusion of trial--Interpretation of newly added provision of S.497, Cr.P.C. An examination…
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