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Official Citation: 2023 SCMR 1450
Court / Jurisdiction: Supreme Court of Pakistan
Year of Decision: 2023
Decision Date: 2023-06-06
Parties: Muhammad Umer Shahzad vs The State and others
Ruling Summary: This decision was rendered by the Supreme Court of Pakistan on 2023-06-06, officially reported as 2023 SCMR 1450. In this matter between Muhammad Umer Shahzad and The State and others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2023 SCMR 1450
Court Name: Supreme Court of Pakistan Judge(s): Amin-Ud-Din Khan, Sardar Tariq Masood Title: Muhammad Umer Shahzad vs The State and others Case No.: Criminal Petition No. 1618-L of 2022 Date of Judgment:2023-06-06 Reported As: 2023 SCMR 1450, PLJ 2024 SC (Cr.C.) 60 Result: Bail granted
Judgment ORDER SARDAR TARIQ M ASOOD, 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.