ABDULLAH alias RAAJO vs State S — 2021 PCrLJ 816 PESHAWAR-HIGH-COURT

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ABDULLAH alias RAAJO VS State S. 497(1), third proviso--- Penal Code (XLV of 1860), Ss. 302, 324, 427, 392, 411, 404, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, abetment of any offence, mischief, robbery, dishonest misappropriation of property, dishonestly receiving stolen property, rioting armed with deadly weapon, unlawful assembly---Statutory delay in conclusion of trial---Scope---Petitioners were behind the bars for the last over three years and the delay in conclusion of trial was not attributable to them---Held, petitioners though were entitled for the concession of bail, however, there was another development in the case, that some accused persons had been arrested from a remote city---Recovery of substantial amount of looted money from said arrested persons had been made and recording of the statements prosecution witnesses was essential by the estimate of the prosecution to enable the Trial Court to arrive at just decision---Little room was to be given to the prosecution to produce its witnesses---Previously, bail application of one the petitioners, on ground of statutory delay in conclusion of trial, was dismissed from the Supreme Court ---High Court directed the Trial Court, the prosecution and the complainant to ensure that the remaining witnesses be examined at the earliest---High Court also directed the Trial Court to record the presence of counsel of the parties as well as witnesses on each and every date of hearing---Time-frame of two and half months was given to the Trial Court for the conclusion of trial---In case of failure in conclusion of trial within said given specified period, when the delay would not occasion on the part of the defence, then bail petition of the petitioners on the ground of statutory delay in conclusion of trial would be favorably considered for which they might apply to the High Court afresh---Bail petitions were disposed of.

ABDULLAH alias RAAJO vs State S — 2021 PCrLJ 816 PESHAWAR-HIGH-COURT

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