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

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Citation Name: 2025 MLD 1918 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Rafiq VS State S. 497(1), third & fourth provisos---Penal Code (XLV of 1860), S. 396---Dacoity with murder---Post-arrest bail, grant of---Statutory ground of delay in conclusion of trial---Scope---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---Regarding the first exception, the act or omission by the accused to delay trial must be a visible concerted effort orchestrated by him---Regarding the second exception, the words hardened, desperate or dangerous mean a person who would be a serious threat to society if set on bail---The final challan was filed in Court after nearly 4 months of the applicant's arrest---From the diary of the Trial Court it appeared that the I.O. took his sweet time to complete the investigation and the Trial Court had to issue show-cause notices to him before he filed the final challan---Thereafter, the matter was delayed either for a supplementary report or for transfer of the case to the Sessions Judge or due to the non-production of accused persons by the jail authorities, none of which could be attributed to the applicant---Even after the framing of charge, the case diary did not show any delay on the part of the applicant, rather it was the prosecution which had not examined a single witness since then---Therefore, the first exception to the ground of statutory delay could not be urged by the prosecution---Applicant was implicated in an another FIR for the offence under S.7 of the Anti-Terrorism Act, but he was tried and acquitted in that case---No record of any other case of the nature was pending against the applicant---Therefore, thus far, there was nomaterial before the Court to allege that the applicant was a dangerous criminal or that he was accused of an act of terrorism punishable with death or imprisonment for life, hence the second exception to the statutory ground of delay was also not attracted to deny bail---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.

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

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