IRSHAD AHMED vs State S — 2023 MLD 390 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 390 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: IRSHAD AHMED 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

IRSHAD AHMED VS State S. 497---Penal Code (XLV of 1860), Ss. 324, 337-D & 34---Attempt to commit qatl-i-amd, jaifah, common intention---Bail, refusal of---Petitioner moved his bail application on the grounds of being senior citizen, COVID-19 and delay in conclusion of trial---Scope---Court had refused the anticipatory bail application of accused and after dismissal of the said bail application, he remained fugitive from law for more than 3 years---Such conduct on the part of the applicant prima facie showed that he thwarted the process of investigation as well as trial---In cases where bail was sought on the ground of statutory delay in conclusion of trial, conduct of the accused was to be seen, such as whether delay was designed by the accused side by adopting various modes and if the court reached on the conclusion from any source that delay was designed by the accused, in such situation, even on delayed ground, bail would not be granted---Admittedly, the trial was at the verge of conclusion and delay in conclusion of trial could not exclusively be attributed to the prosecution but the defence was also equally responsible---Being a senior citizen could not be the basis of granting bail---No report regarding infirmity or sickness of the petitioner was available on record---Government had taken steps to provide complete protection to the prisoners inside the jails against COVID-19 and the applicant had failed to place anything on record showing that the he was suffering with any serious health issue, therefore, that submission of the applicant was misconceived--- Bail petition was dismissed, in circumstances.

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