Dilawar vs State S — 2025 YLR 671 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 671 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Dilawar 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

Dilawar VS State S. 497(1), third proviso---Penal Code (XLV of 1860), Ss. 324 & 397---Attempt to commit qatl-i-amd, robbery or dacoity with attempt to cause death or grievous hurt---Bail, grant of---Statutory ground of delay in conclusion of trial---Allegation against the applicant was that he along with his co-accused entered into the house of complainant and on resistance by his son, they fired on his son, due to which he sustained bullet injuries---Record showed that accused/applicant had been behind the bars and despite a lapse of one year and nine months, the conclusion of the trial was not in sight in the near future---Admittedly, the delay was not attributable to the accused/applicant---Plain language of proviso to subsection (1) of S.497, Cr.P.C, clearly revealed that in cases of non-bailable offences, which were not punishable with death where the accused had been detained for a continuous period exceeding one year and it was found that the delay in the trial had not been occasioned due to any act or omission of the accused, the Court shall direct that the accused be released on bail---Thus, accused/ applicant was entitled for the grant of bail on the ground of statutory period---Bail application was allowed, in circumstances.

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