Usama vs State S — 2025 YLR 721 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 721 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Usama vs State S
Subject matter: Criminal
Provisions referred to: S. 497; S. 324---A; 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

Usama VS State S.497(1), third proviso---Penal Code (XLV of 1860), S.324---Attempt to commit qatl-i-amd---Bail, refusal of---Statutory ground of delay in conclusion of trial---Accused was charged that he made a murderous attempt---As per arrest card the petitioner was shown arrested on 16.07.2023; challan against him was put in Court on 18.11.2023 and on 06.12.2023 he was formally charge sheeted to which he pleaded not guilty and claimed trial---No doubt, no prosecution witness had been examined, but since the date of arrest of the petitioner i.e., 16.07.2023, the statutory period for the purpose of bail under 3rd proviso to S. 497, Cr.P.C was to be completed on 16.07.2024 but the petitioner without adhering to the relevant provision of S.497, Cr.P.C., haphazardly approached the Trial Court and then to the High Court for bail on the ground of non-conclusion of trial within a period of two months as directed by the HIgh Court vide order dated 01.12.2023---Admittedly, non-compliance of the direction issued by the High Court for conclusion of trial within certain period, unless the statutory period had not been completed, could not be a ground entitling the petitioner for bail, when such direction was alien to the statute governing the grant of bail on statutory ground---Admittedly, the statutory period for bail under 3rd proviso to S. 497, Cr.P.C of the petitioner ripened during pendency of the instant bail application before the High Court, therefore, the Trial Court had rightly turned down the request of the petitioner---Bail application being premature was dismissed, in circumstances.

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