Faisal Hussain vs State S — 2026 MLD 247 PESHAWAR-HIGH-COURT

Case information

Citation: 2026 MLD 247 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2026
Reporter: MLD
Parties: Faisal Hussain 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

Faisal Hussain VS State S. 497(1), third proviso---Penal Code (XLV of 1860), Ss. 409, 419 & 420---Criminal breach of trust by a public servant, banker, merchant, or agent, cheating by personation, cheating and dishonestly inducing the delivery of property---Bail, grant of---Statutory ground of delay in conclusion of trial---Accused was charged for the offences mentioned above---In the instant case, the Sections of law applied against the accused petitioner did not carry death penalty coupled with the fact that trial of the accused petitioner had not even commenced what to say of its completion---Thus, the case of petitioner was covered under para (a) to 3rd proviso to S.497(1),Cr.P.C.---Bail under 3rd proviso to S.497 (1),Cr.P.C., could be refused to an accused by the Court only on two grounds i.e. one mentioned in 3rd proviso itself that the delay in the trial of the accused had been occasioned by an act or omission of the accused or any other person acting on his behalf and the second mentioned in 4th proviso that the accused was a previously convicted offender for an offence punishable with death or imprisonment for life or to a person who in the opinion of the Court was a hardened, desperate or dangerous criminal or was accused of an act of terrorism punishable with death or imprisonment for life---Nothing had been brought on record that the delay in conclusion of trial had been occasioned on part of the accused petitioner or any other person acting on his behalf or that he was an offender covered by the 4th proviso to S.497 (1),Cr.P.C, thus he was entitled to be released on bail---Bail petition was allowed, in circumstances.

Other judgments reported in 2026 MLD

2026 MLD 287 SUPREME-COURT-AZAD-KASHMIRMuhammad Jameel Khan VS Saghir Hussain. Ss. 324, 341, 337-D, 337-F(iii) & 34---Offences against Property (Enforcement of Hudood) Ordinance (…
2026 MLD 268 QUETTA-HIGH-COURT-BALOCHISTANNASEEBULLAH VS NAQEEBULLAH S.497(5)---Pakistan Penal Code, Ss.302,324,506(2),504 & 34---Cancellation of bail---Bail granted by competent Cou…
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2026 MLD 206 QUETTA-HIGH-COURT-BALOCHISTANRIAZ AHMAD VS STATE Ss.4 & 5---Anti-Terrorism Act---Qanun-e-Shahadat Order, Art.38---Disclosure before police---Confession made before polic…
2026 MLD 206 QUETTA-HIGH-COURT-BALOCHISTANRIAZ AHMAD VS STATE Benefit of doubt---Principle---Single reasonable doubt regarding guilt of accused is sufficient for acquittal.

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