PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

SHAMS UR REHMAN vs State S — 2024 YLR 978 ISLAMABAD

Case information

Citation
2024 YLR 978 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
YLR
Parties
SHAMS UR REHMAN vs State S
Subject matter
Criminal
Provisions referred to
S. 497; S. 489-F---D; Penal Code (XLV of 1860)

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

SHAMS UR REHMAN VS State S. 497(2)---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque--- Bail, refusal of--- Record showed that earlier bail petition filed by the accused was dismissed by the High Court on merits with direction to the trial Court to conclude the trial within one month but the needful could not be done which necessitated present petition---Directions to conclude the trial within a specific time frame were administrative in nature, and non-compliance of the same for whatever reasons, might not be a ground to seek bail as of right---Another important aspect of the matter was that ordinarily bail was to be allowed to an accused person on the ground of delay in conclusion of trial where the period of custody was shocking, unconscionable or inordinate and not otherwise---After examining the case of the petitioner and the law laid down on the subject, in the attending circumstances of the case, the ground of delay in conclusion of trial pursuant to the directions by the High Court, was not by itself a valid ground---Basis of delay to ask for post arrest bail, through this second petition, was not "shocking" and, therefore, could not be made basis as a "fresh ground" to ask for post-arrest bail at this stage---Consequently, bail petition was dismissed.

Other judgments reported in 2024 YLR

Back to the case-law library · Search Pakistani case law in Urdu or English