Citation Name: 2023 YLR 1136 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZULFIQAR alias BHUTTA vs State S

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

Citation Name: 2023 YLR 1136 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZULFIQAR alias BHUTTA VS State S. 497---Bail---Delay in conclusion of trial---Scope---As per 3rd proviso to S. 497, Cr.P.C., a person accused of an offence punishable with death, if detained for such an offence for a continuous period exceeding two years shall be released on bail, of course, with the exception contained in the 4th proviso to S. 497, Cr.P.C. that the provisions of third proviso shall not apply to a previously convicted offender for an offence punishable with death or imprisonment for life or to a person, who, in the opinion of the Court, is a hardened, desperate or dangerous criminal or is accused of an act of terrorism punishable with death or imprisonment for life. Citation Name: 2023 YLR 1136 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZULFIQAR alias BHUTTA VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Qatl-i-amd, rioting, armed with deadly weapon and common object---Bail, grant of---Delay in conclusion of trial---Scope---Accused sought post arrest bail on statutory ground of delay in conclusion of trial---No delay in conclusion of the trial was found which could solely be attributed to the accused or to the person acting on his behalf reflecting a design or pattern to consciously delaying the conclusion of trial---Trial Court, on the basis of the report of process server, had observed that the complainant and private witnesses had concealed themselves in order to frustrate the legal process and their service seemed impossible through ordinary means---Prosecution had confirmed that there was no record of previous conviction of the accused---Accused had made out a case for his release on the statutory ground of delay in the conclusion of the trial---Petition for grant of bail was accepted. Citation Name: 2023 YLR 1136 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZULFIQAR alias BHUTTA VS State S. 497---Bail---Delay in conclusion of trial---Direction to Trial Court for expeditious disposal of case, violation of---Effect---Mere non-compliance of the directions issued to the Trial Court to conclude the trial expeditiously or within some specified time cannot be considered as valid ground for grant of bail to an accused, being alien to the provisions of S. 497, Cr.P.C., as the accused cannot claim bail on this ground as a matter of right but it is certainly a fresh ground to be assessed and examined by the Court for exercise of its discretion in either way, in the overall facts and circumstances of the case.

Citation Name: 2023 YLR 1136 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZULFIQAR alias BHUTTA vs State S — 2023 YLR 1136 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2023 YLR