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MUHAMMAD USMAN vs State S — 2024 SCMR 28 SUPREME-COURT

Case information

Citation
2024 SCMR 28 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
MUHAMMAD USMAN vs State S
Subject matter
Criminal
Provisions referred to
S. 497

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

MUHAMMAD USMAN VS State S. 497(1), third proviso---Constitution of Pakistan, Art. 185(3)---Bail---Statutory ground of delay in conclusion of trial---Quantum of delay attributable to the accused, calculation of---While calculating the quantum of delay attributable to an accused, the court is required to consider whether or not the progress and conclusion of the trial was in any manner delayed by the act and omission on the part of the accused---While ascertaining the delay, the cumulative effect in disposal of the case has to be considered and its assessment cannot be determined on the basis of mathematical calculations by excluding those dates for which adjournments had been sought by the accused or the latter's counsel---Main factor for consideration is the attendance of the witnesses and whether, despite the matter having become ripe for the recording of evidence, whether the delay was caused by the defence---Recording of the statement of a last witness would also not defeat the right recognized under the third proviso and it would be unreasonable to conclude that the trial has been completed.

Other judgments reported in 2024 SCMR

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