Citation Name: 2024 YLR 2059 PESHAWAR-HIGH-COURTBookmark this Case Muhammad Shafi vs State S

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Citation Name: 2024 YLR 2059 PESHAWAR-HIGH-COURTBookmark this Case Muhammad Shafi VS State S. 497---Penal Code (XLV of 1860), Ss. 302(b), 324, 336, 337-D & 34---Qatl-i-amd, attempt to commit qatl-i-amd, causing itlafi-salahiyyat-i-udw, causing shajjah-i-ammah to any person, common intention---Bail, grant of---Statutory ground of delay in conclusion of trial---Record revealed that the accused/petitioner was arrested on 17.01.2021 whereas, the challan was put in Court on 05.04.2021, however till date even after lapse of more than three years and two months the prosecution had not been able to conclude its trial---Order sheets of the Trial Court indicated that in the earlier two years on majority of the dates case had been adjourned for determination of the medical condition of the co-accused or non-availability of the prosecution witnesses, non-availability of the Presiding Officer, lawyers' community being on strike, which factors of delay in conclusion of trial could not be attributed to the present accused/petitioner---Moreover, there were a few dates which had been sought by the defence which came to almost 41/42 days only, but even thereafter an extra one year' time over and above two years had lapsed but the prosecution could not conclude the trial of petitioner---Once an accused person succeeded to earn a right available to him under the law then such right could not be taken away by way of exercising any discretion---Even otherwise release of a person on bail was not an order of acquittal and prosecution would still have a level field to prove the charges against the accused/petitioner in the due course of trial---Petitioner was therefore entitled to the concession of bail on statutory ground as he had remained incarcerated in jail for a continuous period of more than three years---Bail application was allowed, in circumstances.

Citation Name: 2024 YLR 2059 PESHAWAR-HIGH-COURTBookmark this Case Muhammad Shafi vs State S — 2024 YLR 2059 PESHAWAR-HIGH-COURT

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