Anwar Zeb vs State S — 2025 YLR 2447 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 2447 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Anwar Zeb 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

Anwar Zeb VS State S. 497(1), third proviso---Penal Code (XLV of 1860), Ss. 302(b) & 34---Qatl-i-amd, common intention---Bail, grant of---Statutory ground of delay in conclusion of trial---Allegation against the applicant was that he committed murder of the deceased---Accused was arrested on 27.12.2022 and till date he was languishing in prison, which period, if counted, would come to about two (02) years, two (02) months and twenty-one (21) days, while according to sections of law, with which he was charged, his trial under 3rd proviso (b) to S.497 (1), Cr.P.C., was required to have been completed within two (02) years---In the instant case, the prosecution had not placed on record anything before the Court to indicate that the petitioner was a hardened, desperate or dangerous criminal or a previously convicted person for an offence punishable with death or imprisonment for life for a person involved in the act of terrorism---Furthermore, speedy and fair trial was a fundamental right of every accused person as envisaged under Art.10-A of the Constitution, whereas admittedly trial in the case was in progress, however, there was no hope of its completion in near future---Thus, keeping the petitioner behind bar for indefinite period would serve no useful purpose---Delay in conclusion of trial was not solely attributable to the present accused-petitioner, therefore, he was held entitled to bail on statutory ground as he remained incarcerated in jail for continuous period of more than two (02) years---Bail application was allowed, in circumstances.

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