NAVEED ALI alias NADEEM vs Syed GULAM MURTAZA SHAH S — 2023 YLR 1036 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

NAVEED ALI alias NADEEM VS Syed GULAM MURTAZA SHAH S. 497---Bail---Delay in conclusion of trial--- Statutory ground of delay---Scope---For deciding whether the accused occasioned delay in the trial, it is not necessary to count and consider the entire docket and segregate such dates to calculate the days of delay with mathematical precision, overall act and conduct of the accused persons to frustrate trial through a planned and pre-determined scheme is sufficient to divest them---Although, the statute has given a right under the third proviso of S.497(1), Cr.P.C., but the fourth proviso is a controlling proviso, which prevents from pervasive misuse by zealous judicial vigilance at the time of extending benefit under the third proviso by using a frightening expression as "desperate or dangerous criminal"---Term desperate is itself meaningful. Citation Name: 2023 YLR 1036 KARACHI-HIGH-COURT-SINDHBookmark this Case NAVEED ALI alias NADEEM VS Syed GULAM MURTAZA SHAH S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 148, 149, 109, 404 & 427---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, armed with deadly weapon, abetment, dishonest misappropriation of property possessed by deceased person at the time of his death, mischief causing damage to the amount of fifty rupees, act of terrorism---Bail, refusal of---Absconsion---Desperate and hardened criminal---Scope---Prosecution case was that the accused along with others attacked upon the complainant party when they were on a routine election expedition to visit other party workers at different polling stations---Accused was named with a specific role---Eleven persons had lost their lives on the spot while one succumbed to injuries during treatment---Some policemen were available with the complainant party to provide protection but the attackers had come to the scene of the incident with such planning that even they could not retaliate and also lost their lives---Accused had remained fugitive from law and had not voluntarily surrendered---When the allegation levelled against the accused was viewed in the backdrop of his fugitiveness, it became evident that he was a desperate criminal, who had taken part in the alleged incident without any personal motive---Firing upon the opponent on the day of election with an intention to kill the rivals and to prevent the general public to use their right of franchise was an act of terrorism---Accused was not entitled for bail, as such, his bail plea was declined, in circumstances.

NAVEED ALI alias NADEEM vs Syed GULAM MURTAZA SHAH S — 2023 YLR 1036 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2023 YLR