Ghulam Nabi vs State S — 2026 YLR 1612 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 YLR 1612 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: YLR
Parties: Ghulam Nabi vs State S
Subject matter: Criminal
Provisions referred to: S. 497---C; S. 497---P; S. 302; S. 497; Criminal Procedure Code (V of 1898); Pakistan 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

Ghulam Nabi VS State S. 497---Criminal Procedure Code (V of 1898), S. 497---Pakistan Penal Code (XLV of 1860), S. 302/34---Qatl-e-amd---Bail, post-arrest---Delay in conclusion of trial as statutory ground for bail---Scope---Accused sought bail on the ground of statutory delay in the conclusion of his trial pursuant to the third proviso of S. 497(1), Cr.P.C.---Validity---Record showed that the accused was behind bars for more than two years, and the trial had not concluded, while the delay was not occasioned by any deliberate tactics, abscondence, or delaying maneuvers on the part of the accused-petitioner or his counsel; rather, prosecution witnesses failed to turn up despite repeated summons and issuance of bailable/non-bailable warrants---Under the mandatory provisions of the third proviso to S. 497(1), Cr.P.C., if the trial of a non-bailable offense punishable with death or imprisonment for life is not concluded within the specified statutory period, and the delay is not attributable to the accused, he becomes entitled to the concession of bail as a matter of right, irrespective of the gravity or heinousness of the charge---Bail was granted to the accused, subject to furnishing bail bonds in the sum of Rs. 300,000/- with two sureties in the like amount to the satisfaction of the trial court.

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