Case Details

Citation(s)
2005 SLG 1883 2005 SLD 1883 2005 PLD 201
Sindh High Court
Criminal Bail Application No. S-15 of 2004, decided on 8th October, 2004, DATE of hearing: 2nd August, 2004.
S. ALI ASLAM, JAFRI, J
Sher Muhammad K. Shaikh for Applicant. Zubair Ahmed Rajput for the State.

WAZIR ALI--Applicant

VS

THE STATE

Law:

Section:

(a)Criminal Procedure Code (V of 1898)------ ----S. 497---Penal Code (XLV of 1860), Ss.302/324/459/34---Bail, grant of---Consideration---Delay in conclusion of the trial---Effect---Concept elucidated---Direction to the Trial Court to conclude the trial within specified time if not complied with, cannot be deemed to be a fresh ground for grant of bail---Delay in conclusion of a trial when appears to be shocking and scandalous or when the complainant and his witnesses appear to have played a role in delaying the conclusion of the trial by remaining absent despite having been served in order to see that the accused should remain incarcerated for as much time as possible, the same can be taken into consideration for grant of bail---Hardship can also be considered as a ground for bail in appropriate cases. Manzoor Khan v. Kameer and 4 others 19,'2 SCMR 207; Muhammad Aslam v. The State 1999 SCMR 2147: Zar Wali v. The State 2003 P.Cr.LJ 1446; Maula Bux and another v. The State PLJ 2004 Cr.C. Karachi 623; Saeed Mehdi's case 2002 SCMR 282 and Muhammad Nawaz v. The State 2003 MLD 79 ref. (b)Criminal Procedure Code (V of 1898)------ ----S. 497---Penal Code (XLV of 1860), Ss.302/324/459/34---Bail, grant of--- Complainant and the prosecution witnesses who were related inter se and two of the witnesses were real brothers of the complainant, had failed to appear in Court despite issuance and service of bailable warrants against them and this fact spoke for itself---Even before introducing provisos (3) & (4) to S.497, Cr.P.C. which now stood omitted; bail, was being granted in cases of delay in conclusion of the trial which appeared to be shocking and scandalous and even on the basis of hardship in appropriate cases---Accused was admitted to bail in circumstances. Manzoor Khan v. Kameer and 4 others 1972 SCMR 207; Muhammad Aslam v. The State 1999 SCMR 2147; Zar Wali v. The State 2003 PCr.LJ 1446; Maula Bux and another v. The State PLJ 2004 Cr.C. Karachi 623; Saeed Mehdi's case 2002 SCMR 282 and Muhammad Nawaz v. The State 2003 MLD 79 ref. ORDER Applicant Wazir Ali who was arrested on 22-5-2000 in Crime No.7 of 2000 of Police Station Baradi Jatoi District Khairpur is facing…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492