ABBAS KHAN vs State art — 2023 PCrLJ 549 ISLAMABAD

Case information

Citation: 2023 PCrLJ 549 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: PCRLJ
Parties: ABBAS KHAN vs State art
Subject matter: Criminal
Provisions referred to: S. 497; S. 392; 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

ABBAS KHAN VS State art. 189---Decisions of Supreme Court binding on other Courts---applicability---Decisions of the Supreme Court of Pakistan to the extent it decides a question of law or enunciates a principle of law, was binding on all other courts of the country including the High Courts. Citation Name: 2023 PCrLJ 549 ISLAMABADBookmark this Case ABBAS KHAN VS State S. 497(1), third proviso---Penal Code (XLV of 1860), Ss. 392 & 411---Robbery---Bail, grant of---Statutory ground of delay---In the present case, Statutory ground of delay in conclusion of trial was, available to the accused after lapse of one year---Proceedings conducted subsequent to framing of the charge revealed that on most of the dates of hearing, the prosecution witnesses were absent while on two occasions the Presiding Officer was on leave, therefore, delay in conclusion of trial was not occasioned by any act or omission on the part of the accused---Though the accused appeared to be a habitual offender as being involved in other cases of like nature, yet the fact remained that he retained no conviction in them---Except few cases registered in the year 2021 under S. 392, P.P.C., there was no record of involvement of accused in like cases previously i.e. prior to the year 2021---Continuous detention, of accused for more than a year without any material or even remote progress in conclusion of trial, brought his case within the ambit of third proviso to S. 497(1), Cr.P.C.---Accused was, therefore, held entitled to post-arrest bail on statutory ground of delay in conclusion of trial---Accused was admitted to post arrest bail, in circumstances.

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