NOOR AGHA vs State S — 2025 SCMR 1679 SUPREME-COURT

Case information

Citation: 2025 SCMR 1679 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: NOOR AGHA vs State S
Subject matter: Criminal
Provisions referred to: S. 497; 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

NOOR AGHA VS State S. 497(1)---Penal Code (XLV of 1860), Ss. 302 & 365---Qatl-i-amd and kidnapping---Statutory delay in conclusion of trial---Accused sought his bail on the ground of delay in conclusion of trial---Validity---Only role allegedly attributed to accused was that he had travelled in a different vehicle when victim was taken to crime scene and later murdered---High Court formed the opinion merely on the basis of alleged involvement of accused in the offence punishable with death---It could not have been concluded on the basis of material available on record that accused was a 'hardened, desperate or dangerous criminal' in the context of 4th proviso to section 497(1), Cr.P.C.---No material could be pointed out to suggest that accused was a hardened, desperate or dangerous criminal and if released on bail he would pose a substantial risk of harm to the society or its members---Accused did not have a history of threatening witnesses or members of law enforcement agencies---After his arrest, accused remained incarcerated for a continuous period of more than two years---Expression in 4th proviso of section 497(1), Cr.P.C. was not attracted and statutory right under 3rd proviso to section 497(1), Cr.P.C. could not be withheld or denied---Accused was entitled to be set-free by granting him the statutory right on account of delay in the conclusion of trial not attributed to him---Bail was allowed.

Other judgments reported in 2025 SCMR

2025 SCMR 1591 SUPREME-COURTMUHAMMAD IJAZ VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Absconsion of accused---Not participating in funeral of wife---Ac…
2025 SCMR 1591 SUPREME-COURTMUHAMMAD IJAZ VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Promptly lodgment of FIR---Accused was alleged to have committed…
2025 SCMR 1742 SUPREME-COURTMUHAMMAD RAMZAN VS State Ss. 302(b) & 398---Qatl-i-amd, attempting to commit robbery or dacoity, when the offender is armed with a deadly we…
2025 SCMR 1730 SUPREME-COURTFARMAN ALI VS State Benefit of doubt---Principle---Prosecution is bound to prove its case beyond the shadow of any slightest doubt and the b…
2025 SCMR 1580 SUPREME-COURTMUHAMMAD BILAL VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Medical evidence not supporting the ocular account---Accused was…
2025 SCMR 1558 SUPREME-COURTOBAIDULLAH VS State Circumstantial evidence---Scope---In case of circumstantial evidence, every circumstance should be linked with each othe…

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