MUHAMMAD ALI vs State S — 2023 SCMR 1131 SUPREME-COURT

Case information

Citation: 2023 SCMR 1131 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: MUHAMMAD ALI vs State S
Subject matter: Criminal
Provisions referred to: S. 497; 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

MUHAMMAD ALI VS State S. 497(1), third proviso---Penal Code (XLV of 1860), Ss. 324, 148, 149, 337-L(1), 337-D, 337-F(v), 337-F(iii) & 336---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, refusal of---Delay in conclusion of trial deliberately caused by the accused---While deciding bail petition on statutory ground of delay in conclusion of trial, the Courts must examine the available material to first form an opinion that such delay was not occasioned due to any act of the accused himself or any other person acting on his behalf---If that be so, then bail even on ground of statutory delay could be declined---In the present case the High Court in its impugned order referred to four instances when although the prosecution witnesses were present before the Trial Court but their evidence could not be recorded because of the adjournment sought by the accused---High Court rightly observed that the accused was intentionally delaying the matter just to create a ground for bail in his favour---Perusal of record reflected that the complainant party was producing the witnesses before the Trial Court on each and every date but the accused was avoiding getting their evidence recorded---Accused side was lingering on the matter deliberately and was not cooperating to conclude the trial expeditiously---As many as eight persons from the complainant party sustained firearm injuries on different parts of their bodies---Petition for leave to appeal was dismissed, leave was refused and accused was refused bail.

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