JAVED KHAN vs State S — 2022 YLR 1655 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 1655 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: JAVED KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 497---C; S. 9; S. 497; Narcotic Substances Act (XXV of 1997)

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

JAVED KHAN VS State S. 497---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotics---Bail, grant of---Delay in conclusion of trial---Scope---Accused sought bail on the ground of delay in conclusion of trial---Seven kilograms of charas was recovered from the accused, hence, his case came under Part (a) of the 3rd proviso of S. 497(1), Cr.P.C., as the mandatory punishment of death and imprisonment for life pertained to only those cases where the quantity recovered exceeded 10 kgs---For such reason, the accused could claim benefit to be released on statutory ground under S. 497(1)(a) of 3rd proviso that provided entitlement to be released on bail after continuous detention exceeding one year, if delay in conclusion of the trial could not be attributed to him or any person acting on his behalf---Order sheets of the Trial Court indicated that the delay in conclusion of trial was caused on the part of prosecution---Nothing was available on the record that accused was; (i) a convicted offender for an offence punishable with death or imprisonment for life; or (ii) a hardened, desperate or dangerous criminal, in the opinion of the Court; or (iii) an accused of an act of terrorism punishable with death or imprisonment for life---Petition for grant of bail was allowed, in circumstances. Head NotesCase Description

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2022 YLR 1193 LAHORE-HIGH-COURT-LAHOREMUHAMMAD JAVED VS State Benefit of doubt---Principle---Even a single circumstance creating doubt in a prudent mind was sufficient, benefit t…
2022 YLRN 28 LAHORE-HIGH-COURT-LAHOREAMEER HUSSAIN VS State Benefit of doubt---Principle---If there was a single circumstance which created doubt regarding the prosecution case,…
2022 YLR 2210 PESHAWAR-HIGH-COURTSOHAIL AHMAD VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss.16, 21 & 24---Penal Code (XLV of 1860), Ss. 419 & 506---…
2022 YLRN 22 KARACHI-HIGH-COURT-SINDHABDUL QADIR alias ALI VS State S. 497---Penal Code (XLV of 1860), Ss. 377 & 34---prevention of electronic Crimes Act (XL of 2016), Ss. 21, 2…

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