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MASVEER AHMED alias AZIZ AHMED vs AZHAR ALI S — 2021 SCMR 1476 SUPREME-COURT

Case information

Citation
2021 SCMR 1476 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
MASVEER AHMED alias AZIZ AHMED vs AZHAR ALI S
Subject matter
Criminal
Provisions referred to
S. 497; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MASVEER AHMED alias AZIZ AHMED VS AZHAR ALI S. 497(5)---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), Ss. 324 & 34---Attempt to commit qatl-i-amd, common intention---Petition for cancellation of bail, dismissal of ---Contentions on behalf of accused-respondent that he had been on bail for over three years and despite submission of challan about 2 years and 10 months ago the charge had still not been framed; that the delay in the commencement and conclusion of the trial had not been attributed to the accused or the co-accused, and both of them had not abused the concession of bail in any manner; that the objective of the present petition for cancellation of bail, was to pressurize the accused and his family to compromise a criminal case in which the accused's father was murdered and wherein the father of the petitioner had been nominated as a culprit, and who had remained an absconder therein; that the petitioner too had become an absconder in another criminal case; that the co-accused also secured bail and the application for cancellation of his bail submitted before the High Court was dismissed in default and no step was taken to resurrect the application nor had the said dismissal order been assailed before the Supreme Court---Validity---In the peculiar facts and circumstances of the case, it would not be appropriate for the Supreme Court to interfere with the discretion exercised by the High Court (in granting bail to the accused) particularly as the accused had remained on bail for over three and a half years and it was not alleged that he has been responsible for the delay or misused the concession of bail in any manner---Petition for leave to appeal seeking cancellation of bail granted to accused was dismissed and leave was refused.

Other judgments reported in 2021 SCMR

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