ADNAN SHAFAI vs State S — 2024 SCMR 1479 SUPREME-COURT

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ADNAN SHAFAI VS State S. 497(1), third proviso---Penal Code (XLV of 1860), Ss. 161, 162, 109 & 409---Prevention of Corruption Act (II of 1947), S.5(2)---Constitution of Pakistan, Art. 185(3)---Public servant taking gratification by corrupt or illegal means, abetment, criminal breach of trust by public servant, criminal misconduct---Bail, grant of---Statutory ground of delay in conclusion of trial---Present case did not involve any crime punishable by death---Petitioner (accused) was arrested on 05.08.2022 and was behind the bars since then---Charge in the case was framed on 12.06.2023 and yet the trial had not been concluded---Grant of bail on the statutory ground of delay in the conclusion of trial was a right of accused unless such delay had been occasioned as a result of his own conduct---Only ground on the basis of which the petitioner's application for bail was dismissed was that petitioner moved an application under Section 265-K, Cr.P.C---However, the same did not reflect any design, pattern, or concerted effort by the petitioner to delay the conclusion of trial---An application for the protection of the accused's rights and for fair trial guaranteed under Article 10-A of the Constitution did not amount to any design, pattern, or concerted effort by the accused to delay the trial---Thus, merely moving an application under Section 265-K, Cr.P.C does not amount to deliberate delay on the part of the accused in conclusion of trial---In the present case only one application was moved and after that no adjournment was sought by the counsel for the accused on the relevant date of hearing---In such view a case of statutory ground of delay in the conclusion of trial was prima facie made out within the remit of Section 497, Cr.P.C.---Petition was converted into an appeal and allowed, and the petitioner was granted post-arrest bail. Citation Name: 2024 SCMR 1479 SUPREME-COURTBookmark this Case ADNAN SHAFAI VS State S. 497(1), third proviso---Constitution of Pakistan, Art. 185(3)---Bail---Statutory ground of delay in conclusion of trial---Scope---If any accused deliberately causes delay in the conclusion of trial by moving irrelevant repetitive applications, then he is not entitled for bail on the statutory ground of delay in conclusion of trial.

ADNAN SHAFAI vs State S — 2024 SCMR 1479 SUPREME-COURT

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