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Major (R) MUHAMMAD IFTIKHAR KHAN vs The STATE S — 2022 SCMR 885 SUPREME-COURT

Case information

Citation
2022 SCMR 885 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
Major (R) MUHAMMAD IFTIKHAR KHAN vs The STATE 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

Major (R) MUHAMMAD IFTIKHAR KHAN VS The STATE S. 497(1), third proviso---Penal Code (XLV of 1860), Ss. 324, 429, 148, 149, 337-D & 337-F(v)---Murderous assault---Bail, refusal of---Delay in conclusion of the trial attributable to the accused---Report of the Trial Court about the day to day proceedings of the trial showed that the delay in conclusion of the trial was mostly attributable to the accused as he kept on moving numerous applications i.e. for acquittal under section 249-A, Cr.P.C, discharge, medical examination of injured, constitution of medical board for re­-examination of the injured, stay of proceedings, summoning of roznamcha and original record of re-examination of injured etc---Report of the Trial Court clearly showed that the trial was being concluded by not only taking the matter almost on day to day basis but deciding the applications filed by the parties on almost daily basis---Prosecution evidence was almost complete barring two Investigating Officers and the Doctor, who were yet to be examined---Moreover the accused was specifically nominated in the crime report with a specific allegation of causing fire arm injury on the shoulder of the injured and he was arrested from the spot with the weapon of offence---Application was dismissed and accused was refused bail. Head NotesCase Description Citation Name: 2022 SCMR 885 SUPREME-COURTBookmark this Case Major (R) MUHAMMAD IFTIKHAR KHAN VS The STATE S. 497(1), third proviso---Bail---Scope---Delay in conclusion of trial---Bail cannot be claimed as a matter of right even if delay is not attributable to the accused. Head NotesCase Description

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