2018 PLP 150 (YLRN)
MUHAMMAD ZUBAIR — Petitioner Versus The STATE — Respondent
| Citation | 2018 PLP 150 (YLRN) |
| Forum / Court | Peshawar |
| Bench Members | Qaiser Rashid Khan, J |
| Parties | MUHAMMAD ZUBAIR — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2018 PLP 150 (YLRN)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2018 PLP 150 (YLRN)?
The case was heard and decided by the Peshawar bench comprising: Qaiser Rashid Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2018 PLP 150 (YLRN) (MUHAMMAD ZUBAIR — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shaiber Khan for Petitioner.
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997), S. 9(c)
Accused had already spent over twenty two months behind the bars and prosecution was not coming up with its evidence as four prosecution witnesses were yet to be examined
Early conclusion of trial was not in sight and keeping the accused in jail for further period would tantamount to his pre-trial conviction
Accused was entitled to concession of bail solely on the statutory ground of delay in the conclusion of trial
Bail was granted accordingly. [Para. 3 of the judgment] Asghar Khan Kundi, Special Prosecutor for the State.
Judgment & Decree
QAISER RASHID KHAN, J:- Through the present bail petition, the accused/petitioner seeks his release on bail on the statutory ground of delay in the conclusion of the trial in case FIR No. 53, dated 2.9.2015 under section 9(c) Control of Narcotic Substances Act, 1997 of Police Station ANF, Peshawar, as earlier his bail petition was dismissed by this court vide order dated 9.10.2015 in Cr. Misc. No.1697-P/2015.
2. Arguments heard and the available record perused.
3. In a situation when the accused/ petitioner was arrested on 2.9.2015, where bail was declined to him by this court on 9.10.2015, where he has almost spent over 22 months behind the bars, where the prosecution is not coming up with its evidence as 4 PWs are yet to be examined and where the early conclusion of the trial is not in sight, then keeping the accused/petitioner in jail for further period would tantamount to his pre-trial conviction. As such, I hold him entitled to the concession of bail solely on the statutory ground of delay in the conclusion of his trial.
4. Accordingly, this petition is allowed and the petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.2,00,000/- (Rupees Two lac), with two sureties, each in the like amount to the satisfaction of the Illaqa/ Judicial Magistrate who shall ensure that the sureties are local, reliable and men of means.
6. Needless to mention that the observations recorded in this order are tentative in nature and shall not prejudice the proceedings before the learned trial court where the case be decided on its own merits after recording evidence. WA/204/P Bail granted.