Citation Name: 2023 MLD 777 PESHAWAR-HIGH-COURTBookmark this Case IZHAR ULLAH vs State art — 2023 MLD 777 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 MLD 777 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 777 PESHAWAR-HIGH-COURTBookmark this Case IZHAR ULLAH vs State art
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 302---J; S. 6---Q; S. 6; S. 6---C; S. 497---R; S. 497; Penal Code (XLV of 1860); Juvenile Justice System Act (XXII of 2018); Juvenile Justice System Act; Criminal Procedure Code (V of 1898)

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

Citation Name: 2023 MLD 777 PESHAWAR-HIGH-COURTBookmark this Case IZHAR ULLAH VS State art. 10-a---Right to fair trial---Scope---Criminal trial---after insertion of article 10-a of the Constitution, the due process of law including speedy and fair trial has been recognized as a fundamental right of every accused person---Policy of criminal law is to bring an accused person to justice as speedily as possible and if he is found guilty he may be punished and if he is found innocent he may be acquitted. Citation Name: 2023 MLD 777 PESHAWAR-HIGH-COURTBookmark this Case IZHAR ULLAH VS State S. 497---Penal Code (XLV of 1860), S. 302---Juvenile Justice System Act (XXII of 2018), S. 6---Qatl-i-amd---Bail, grant of---Release of juvenile on bail---Delay in conclusion of trial---Accused sought bail on the ground of statutory delay in conclusion of trial under S. 6 of Juvenile Justice System Act, 2018---Accused was behind bars for the last 15 months---Order sheets of the Trial Court were indicative of the fact that neither the accused nor his counsel had made any visible and active attempt to delay the conclusion of the trial, therefore, in view of the statutory command the accused had earned a right of bail---Bail application was allowed, in circumstances. Citation Name: 2023 MLD 777 PESHAWAR-HIGH-COURTBookmark this Case IZHAR ULLAH VS State S. 6---Criminal Procedure Code (V of 1898), S. 497---Release of a juvenile on bail---Delay in conclusion of trial---Scope---Juvenile offender has a statutory right to be released on bail, if his trial is not concluded within six months---Section 6 of Juvenile Justice System Act, 2018 clearly indicates that like third proviso to S. 497, Cr.P.C., the same is not controlled by any other factors like proviso four to S. 497, Cr.P.C., and as such it is statutory duty of the prosecution to complete the trial by all possible means within six months, otherwise a juvenile offender shall have the right to be released on bail.

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