NAQASH RASHEED vs State Ss — 2022 MLD 1306 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2022 MLD 1306 HIGH-COURT-AZAD-KASHMIR
Year: 2022
Reporter: MLD
Parties: NAQASH RASHEED vs State Ss
Subject matter: Criminal

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

NAQASH RASHEED VS State Ss. 432 & 433---Reference by Presidency Magistrate to High Court---Disposal of case according to decision of High Court and direction as to costs---Scope---Accused sought bail after arrest on statutory ground of delay in conclusion of trial---Sessions Judge after hearing arguments, sent the reference to High Court for guidance---Subordinate Court could not send for any clarification/instruction under Ss. 432 & 433, Cr.P.C., consequently it was required to decide the matter by itself keeping in view the relevant provision of law as well as newly created situation---High Court observed that it High Court would not like to give any opinion on the reference sent by Sessions Judge on the question whether the period consumed due to Covid-19 pandemic would be considered as consumed by the prosecution or by accused---Court below was directed to decide the question by itself---Reference was answered accordingly.

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