Citation Name: 2024 YLR 1369 LAHORE-HIGH-COURT-LAHOREBookmark this Case RIAZ SHAH vs State Ss

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Citation Name: 2024 YLR 1369 LAHORE-HIGH-COURT-LAHOREBookmark this Case RIAZ SHAH VS State Ss. 497 & 498---Bail---Observations made in bail order---Such observations are tentative in nature, strictly confined to the disposal of bail petition and have no bearing upon trial of the case. Citation Name: 2024 YLR 1369 LAHORE-HIGH-COURT-LAHOREBookmark this Case RIAZ SHAH VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention---Bail, grant of---Further inquiry---Statutory ground of delay in conclusion of trial---Petitioner caused injury with firearm weapon on back of deceased son of complainant and he also caused firearm injury at the left arm of the witness---Occurrence in the case took place in the year 2009 and the petitioner was arrested in this case on 23.10.2017--- Challan report was prepared on 10.11.2017, however, as per copy of order sheet, challan report was received in the court on 25.09.2018---Petitioner and his co-accused filed application before Trial Court for declaring them juvenile and Trial Court declared them so i.e. juvenile vide order dated 19.02.2019 which was challenged by the complainant before High Court through a Criminal Revision---Said petition came up for hearing before High Court on 21.05.2019 and further proceedings before Trial Court were stayed by High Court on 21.05.2019; thereafter, when said petition again came up for hearing on 13.02.2020, petitioner in said petition was stated to be indisposed and request for adjournment was made and said revision petition was adjourned---Perusal of order sheets of said revision petition revealed that no adjournment was sought on behalf of present petitioner and his co-accused---Admittedly the proceedings of the Trial Court remained stayed since 21.05.2019 till date and revision petition did not remain pending due to any act/omission of present petitioner or any other person acting on his behalf---Act of Court should not prejudice anyone---Thus, said delay could not be attributed to the present petitioner and bail could not be declined to the petitioner for said reason---Petitioner was arrested in the case on 23.10.2017 and more than five years had already elapsed after his arrest and he was behind the bars since then---Even otherwise no material was available on record to show that petitioner was a hardened, desperate or dangerous criminal or was accused of an act of terrorism or was a previously convicted offender---After stay of proceedings of trial on 21.05.2019 by High Court, almost 03 years and 05 months had elapsed---Therefore, it was not only a question of bail on statutory ground of delay in conclusion of trial but it was also a case of hardship because petitioner was behind bars for more than last five years without any fault on his part especially after stay of proceedings in trial of the case from 21.05.2019 till now---Application was filed by the petitioner and his co-accused for getting them declared as juvenile and time was consumed in deciding the same---Said consumed time could not disentitle petitioner for grant of bail on statutory ground of delay in conclusion of trial since time consumed by him in order to avail his legal right/remedy did not come within the definition of intentional or tactful delay by the accused---When accused became entitled for grant of bail as a matter of right, then he could not be declined such relief due to abscondance which was a matter of propriety---Petitioner was arrested in the case on 23.10.2017 and same date shall be considered for calculating period of delay in conclusion of trial---Petition for bail was allowed on statutory ground of delay in conclusion of trial.

Citation Name: 2024 YLR 1369 LAHORE-HIGH-COURT-LAHOREBookmark this Case RIAZ SHAH vs State Ss — 2024 YLR 1369 LAHORE-HIGH-COURT-LAHORE

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