Syed Muhammad Kashan Haider vs State — 2026 PCrLJ 389 SUPREME-COURT-AZAD-KASHMIR

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Syed Muhammad Kashan Haider VS State. S. 497(1)---azad Penal Code (XLV of 1860),Ss. 302(b), 341 & 34---arms act (XI of 1878), S. 15(2)---Qatl-i-amd, wrongful restraint, common intention, possession of illicit weapon---Bail ---Statutory delay in conclusion of trial---Bail on the ground of delay in conclusion of trial---Scope---allegations against the accused-appellants were that they committed murder of the brother of complainant by firing---Record showed that police conducted an investigation and submitted the challan on 22.03.2022---It was alleged that the trial remained delayed due to a parallel private complaint filed by respondent No.2 on 08.04.2022 before the Court, under the same offences---Trial Court stayed the proceedings of the challan case on 28.09.2022---Private complaint was eventually withdrawn by the complainant on 02.03.2024 and the trial of the challan case resumed thereafter---Due to excessive delay in the trial, the appellants moved bail application before the Trial Court on statutory grounds under S.497, Cr.P.C., citing prolonged incarceration exceeding two years without framing of charges---However, the Trial Court dismissed the bail application on 30.03.2024---Feeling aggrieved, the appellants filed a revision petition before the Shariat appellate Bench of the High Court, which had been dismissed through the impugned judgment, hence, this appeal---It was regrettable state of affairs that the revision petition was filed before the High Court on 29.05.2024, yet it remained pending for nearly eight months---Despite such considerable delay, instead of adjudicating the revision petition on merits, the High Court merely remanded the case to the Trial Court, thereby further prolonging the matter---However, in the present case, the High Court kept the bail matter pending for nearly eight months and, instead of deciding it on its own merits, remanded it to the Trial Court, resulting in further delay---Moreover, in the light of arguments addressed at bar, following points needed resolution in this case; what was the effect of filing of private complaint and its withdrawal in this case; whether the delay in non-conclusion of trial had to be determined from the date of detention of the accused or from the date of submission of challan; and whether the appellants were entitled to concession of bail on statutory ground---Thus, it was the High Court which had to decide these questions itself---In such circumstances, matter was remanded to High Court for deciding the same, within a period of one week.

Syed Muhammad Kashan Haider vs State — 2026 PCrLJ 389 SUPREME-COURT-AZAD-KASHMIR

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