FAYAZ KHAN vs MOHSIN SHAH — 2026 SCMR 1076 SUPREME-COURT

Case information

Citation: 2026 SCMR 1076 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: FAYAZ KHAN vs MOHSIN SHAH
Subject matter: Criminal
Provisions referred to: S. 497---P; Penal Code (XLV of 1860); Criminal Procedure Code

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

FAYAZ KHAN VS MOHSIN SHAH. S. 497---Penal Code (XLV of 1860), Ss. 302 & 324---Qatl-i-amd and attempt to commit qatl-i-amd---Bail, grant of---Delay in conclusion of trial---Trial Court, responsibility of---Case management system---Accused sought bail on the plea of delay in conclusion of trial as he had been in custody for last 2 years and 05 months and trial had not been concluded---Validity---No plausible justification was shown as to why such prolong delay was caused and why prosecution was so helpless and failed to produce prosecution witnesses in Court for early and timely conclusion of trial---Due to reckless conduct, accused was suffering as victim of protracted litigation without any progress in trial---Trial Court submitted all causes of delay and had attributed most part of delay to prosecution and complaint---If such excessive and unwarranted delays were occasioned, Trial Court under the provision of Criminal Procedure Code, 1898 was neither so helpless nor powerless, rather ought to have ensured timely compliance with a well-balanced case management system, specifying for its own docket for filing reports under Section 173, Cr.P.C. without delay with regular follow ups and immediately on framing of charge, a reasonable time line of producing prosecution witnesses by investigating officer---Stern efforts are also required for curtailing frequency of unnecessary adjournments if sought by any party---Bail was allowed.

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