ADNAN SHAFAI vs State S — 2024 SCMR 1543 SUPREME-COURT

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ADNAN SHAFAI VS State S. 497(1), third proviso---Penal Code (XLV of 1860), Ss. 409 & 109---Prevention of Corruption Act (II of 1947), S.5(2)---Anti-Money Laundering Act (VII of 2010), Ss. 3 & 4---Criminal breach of trust by public servant, abetment, criminal misconduct, money laundering---Bail, grant of---Statutory ground of delay in conclusion of trial---In the present case, the petitioner (accused) was arrested on 05.08.2022 and the charge against him was framed on 27.06.2023; he made an application for his post-arrest bail on statutory ground on 07.08.2023---Order sheets of the period commencing from the date of arrest, date of framing of charge till the date of his filing the application for bail did not reflect any design, pattern, or concerted effort on the part of the petitioner to delay the conclusion of the trial---During this period, he made two formal applications namely an application under section 265-K, Cr.P.C. and an application for excluding a person from the proceedings of this case---Perusal of these applications did not reflect any design, pattern, or concerted effort by the petitioner to delay the conclusion of the trial---An application for the protection of the accused's rights and just for fair trial guaranteed under Article 10-A of the Constitution does not amount to any design, pattern, or concerted effort by the accused to delay the trial---Furthermore, tentative assessment of the material placed before the Court showed that petitioner was not a hardened, desperate, or dangerous criminal; he was a government employee working in Pakistan Railways who was not likely to cause any injury to others---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.

ADNAN SHAFAI vs State S — 2024 SCMR 1543 SUPREME-COURT

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