ALI ASGHAR vs State S — 2022 SCMR 970 SUPREME-COURT

Case information

Citation: 2022 SCMR 970 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: ALI ASGHAR vs 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

ALI ASGHAR VS State S. 497(2)---Prevention of Electronic Crimes act (XL of 2016), Ss. 9 & 10---Penal Code (XLV of 1860), Ss. 109 & 419---Constitution of Pakistan, art. 185(3)---Inciting the general public against the victim by posting fake posts on social media about desecration of Holy Quran---Bail, grant of---Further inquiry---Statutory delay in conclusion of trial---accused was behind the bars and despite lapse of more than three and half years, the conclusion of trial was not in sight in near future---Report requisitioned from the Trial Court clearly revealed that the delay occurred due to pandemic of COVID-19, law and order situation and filing of miscellaneous applications by the co-accused and by the complainant---Judicial Magistrate had categorically held responsible the co-accused of the accused for the delay---Said report clearly showed that the delay was not attributable to the accused in any manner---Moreover the co-accused, who happened to be the father of the accused, and was ascribed a somewhat similar role had been granted post-arrest bail by the High Court, which had not been challenged by the complainant, therefore, the accused was entitled for the concession of post-arrest bail on this score as well---Taking into consideration all the facts and circumstances, the case of the accused squarely fell within the ambit of S. 497(2), Cr.P.C. calling for further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail. Head NotesCase Description

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