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

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MUHAMMAD USMAN VS State S. 497(1), third proviso---Penal Code (XLV of 1860), Ss. 302, 148, 149 & 109---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly, abetment---Bail, grant of---Statutory ground of delay in conclusion of trial---In the present case the two year period specified in the third proviso of section 497(1) of the Cr.P.C. has passed---Despite more than two years of continuous incarceration of the petitioner (accused), the trial had not concluded---Delay in conclusion of trial was not attributable to the petitioner nor his counsel, rather, it had been on account of the abscondance of the co-accused and their surrender or arrest at different times---Each time the charge had to be reframed---Petitioner was not at fault and yet he had to suffer the hardship of incarceration of more than two years---Co-accused were stated to be close relatives of the petitioners and, therefore, the prosecution had argued that his complicity could not be ruled out---Legislature had expressly confined the delay under the third proviso to an act or omission of the 'accused' or 'any person acting on his behalf'---Accused cannot be made liable for the acts or omissions of a co-accused regardless of the relationship, except when the prosecution can clearly show, based on undisputed facts that the accused seeking bail was complicit---Latter's acts and omissions, or those of a person acting on his behalf, were crucial and could be considered for the court to determine the right to be released on bail on the ground described under the third proviso---Delay caused by the co-accused was not attributable to the petitioner because no act or omission on the latter's part nor a person acting on his behalf could be shown---Petition was converted into appeal and allowed, and accused was admitted to bail.

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

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