Zaheer Ellahi vs State S — 2025 MLD 296 PESHAWAR-HIGH-COURT

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Zaheer Ellahi VS State S. 497---Bail order---Observations of Court---Scope---Observations made in a bail order are purely tentative in nature and should in no way prejudice an independent mind of Trial Court which needs to appraise the evidence strictly in accordance with law and merits of the case. Citation Name: 2025 MLD 296 PESHAWAR-HIGH-COURTBookmark this Case Zaheer Ellahi VS State S. 497(1), third proviso.---Penal Code (XLV of 1860), Ss. 302(b), 324, 341, 347, 107 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, wrongful restrain, kidnapping in order to murder, abetment, common intention---Bail, grant of---Further inquiry---Accused was charged that he along with co-accused in furtherance of their common intention had wrongfully restrained the complainant party and had committed qatl-i-amd of son of complainant and also attempted to commit qatl-i-amd of complainant and his other son by firing at them with a pistol---Record showed that the petitioner had been arrested on 26.05.2020 and till date, he had remained in jail for the last four years, seven months and 21 days---Order sheet reflected that on almost two dozens of dates petitioner had sought adjournment, however, even if all these dates which came to 204 days, were excluded even then the statutory period of the petitioner had since been completed---Thus, the petitioner had earned a right to be released on bail as provided under third proviso to S.497(1), Cr.P.C. especially when no material was available on the record that essential ingredient of proviso four of S.497(1), Cr.P.C did exist against the petitioner---Third proviso to S.497(1), Cr.P.C confers a right upon an accused person to be released on bail if he is charged for offences bearing punishment of death and if his trial is not concluded by the prosecution within two years, however, that right of an accused was subject to two exceptions i.e. if the delay in the conclusion of the trial was attributable to the accused or any person acting on his behalf and if the accused was a previous convict or if he was a hardened, desperate or dangerous criminal---Accused/petitioner was neither previous convict nor he could be termed as hardened, desperate or dangerous criminal, therefore, he had successfully crossed the two barriers to earn a right of bail under the third proviso to S.497(1), Cr.P.C.---Bail application was allowed, in circumstances.

Zaheer Ellahi vs State S — 2025 MLD 296 PESHAWAR-HIGH-COURT

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