2023 PLP 1450 (SCMR)
MUHAMMAD UMER SHAHZAD — Petitioner Versus The STATE and others — Respondents
| Citation | 2023 PLP 1450 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sardar Tariq Masood and Amin-ud-Din Khan, JJ |
| Parties | MUHAMMAD UMER SHAHZAD — Petitioner Versus The STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2023 PLP 1450 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2023 PLP 1450 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sardar Tariq Masood and Amin-ud-Din Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2023 PLP 1450 (SCMR) (MUHAMMAD UMER SHAHZAD — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Naveed Inayat Malik, Advocate Supreme Court (through video link for Lahore) for Petitioner.
Headnotes / Summary
(Against the order dated 03.10.2022 passed by Lahore High Court, Lahore in Crl. Misc. No. 49630-B of 2022)
S. 497(1), third proviso
Penal Code (XLV of 1860), Ss. 324, 379, 337-A(i), 337-L(2), 109, 148 & 149
Murderous assault
Statutory delay in conclusion of trial
In the present case, the statutory period was one year, whereas the accused was behind bars for a period of more than two years
Charge in the case was framed for the first time on 17-01-2023 and since then there was no fault on the part of accused qua delay in the trial
Although subsequently certain dates were obtained but they were not relevant because prior to framing of charge there was no delay on part of accused and he became entitled to concession of bail on statutory ground of delay in conclusion of trial
Petition for leave to appeal was converted into appeal and allowed, and accused was enlarged on bail. Complainant in person. Mirza Abid Majeed, D.P.G. Punjab, Javed Iqbal, ASI and Kamran, SI for the State.
Judgment & Decree
SARDAR TARIQ MASOOD, J.
Petitioner has impugned the order dated 03.10.2022 passed by Lahore High Court, Lahore in Criminal Misc. No. 49630-B of 2022 through which post-arrest bail was declined to him on statutory ground in case FIR No. 552/21 dated 27.04.2021 offences under sections 324, 379, 337-A(i), 337-L(2), 109, 148 and 149, P.P.C. registered at Police Station Batapur, Lahore.
2. After hearing learned counsel for the petitioner, learned DPG and complainant who is present in court we observe that statutory period is one year whereas, petitioner was arrested on 26.05.2021 and now more than two years have passed and he is behind the bars. The charge in his case for the first time was framed on 17.01.2023 and till then there was no fault on the part of the petitioner qua delay in the trial. Although subsequently certain dates were obtained but that are not relevant because prior to framing the charge there was no delay on the part of the petitioner and he became entitled for the concession of bail on statutory ground. Consequently, this petition is converted into an appeal and is allowed. Petitioner is enlarged on bail subject to his furnishing bail bonds of Rs. 200,000/- (Rupees two hundred thousand) with two sureties in the like amount to the satisfaction of Trial Court. As in this case trial has already been commenced hence, we expect from the Trial Court to conclude the trial expeditiously and if petitioner or any person acting on his behalf makes any hurdle in the conclusion of trial the Prosecutor is at liberty to file application for cancellation of his bail on the ground of misuse of concession of bail and same shall be decided by the Trial Court on the said ground. MWA/M-27/SC Bail granted.