Citation Name: 2024 MLD 1289 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Kamal-ud-din vs State S — 2024 MLD 1289 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 MLD 1289 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: MLD
Parties: Citation Name: 2024 MLD 1289 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Kamal-ud-din 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

Citation Name: 2024 MLD 1289 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Kamal-ud-din VS State S. 497(1), third proviso---Penal Code (XLV of 1860), Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, grant of---Statutory ground---Scope---Speedy and fair trial is the fundamental right of every accused person---Purpose of insertion of third proviso of S.497(1), Cr.P.C, is that to do justice with accused, meaning thereby to proceed with the case as speedily as possible---Record transpired that the accused was arrested on 10.08.2019, and the statutory limit was completed in August, 2021---Normally under third proviso of S.497(1) Cr.P.C an under trial prisoner would be released after expiry of respective period without the trial concluding---Fourth proviso to 497(1), Cr.P.C. is an exception; Court had to form opinion that the accused was previous convict or criminal, or fell in one of the categories described therein---No evidence was on record that the accused was hardened, desperate or dangerous criminal within the meaning of such expression as used in the fourth proviso of S.497(1), Cr.P.C.---Bail application was allowed, in circumstances.

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