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LAL BUX vs State S — 2022 YLRN 158 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 158 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
LAL BUX vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; 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

LAL BUX VS State S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd and common intention---Bail, refusal of---Statutory ground of delay in conclusion of trial---Scope---Accused and another were alleged to have put air in the stomach of the brother of complainant through pipe having 80 pounds speed as a result of which he died---Arguments of accused consisted of two folds firstly on merits and secondly on statutory ground---Accused was specifically named in the FIR with specific role---So far as statutory ground of delay in conclusion of trial was concerned, report of Trial Court revealed that on different dates of hearing, prosecution witnesses were present but the defence counsel had failed to proceed with the matter---Delay in conclusion of trial could not be calculated in mathematical manner and it was to be examined whether delay was caused due to deliberate design of accused or not, which was a sole criterion---High Court observed that the delay in conclusion of trial was caused due to the lethargy attitude of the counsel for the accused and blame for such delay could not be made on the prosecution side---Accused was charged with an offence punishable with death or imprisonment for life and there appeared no reasonable grounds for believing that he was not guilty of the offence---Bail application was dismissed, in circumstances.

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