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Citation Name: 2025 MLD 1918 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Rafiq vs State S — 2025 MLD 1918 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 MLD 1918 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
MLD
Parties
Citation Name: 2025 MLD 1918 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Rafiq vs State S
Subject matter
Criminal
Provisions referred to
S. 497; S. 396---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

Citation Name: 2025 MLD 1918 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Rafiq VS State S. 497(1), third-proviso clause (b)---Penal Code (XLV of 1860), S. 396---Dacoity with murder---Post-arrest bail, grant of---Statutory ground of delay in conclusion of trial---Charge framed by the Trial Court against the applicant could be punished with death, therefore, for the ground of statutory delay, the period of delay to be considered was of 2 years under clause (b) of the third-proviso to S.497(1), Cr.P.C.---Whether said period of 2 years was to be reckoned from the date of arrest or commencement of 'trial' i.e. date of framing charge---Held: Period of 2 years is to be reckoned from the date of arrest for counting the period for the statutory ground of delay---Statutory ground of delay is to be considered from the date of arrest/detention---Date of framing charge is of little importance---Intent being that the trial should be conducted expeditiously and pre-conviction detention should not exceed 2 years---In the present case, the applicant was in detention for 2 years before he moved the application for bail on the statutory ground of delay---Applicant was entitled to bail on the statutory ground of delay under the third proviso to S.497(1),Cr.P.C.---Bail was granted to the applicant, in circumstances.

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