Muhammad Umer Shahzad vs The State and others
This matter concerns a petition for leave to appeal against an order of the Lahore High Court, which declined post-arrest bail to the petitioner on statutory grounds in a criminal case involving multiple offenses under the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to the concession of bail based on the statutory delay in the conclusion of the trial. The Supreme Court observed that the petitioner had been incarcerated for over two years, significantly exceeding the statutory period, and that the delay in framing the charge was not attributable to the petitioner. The Court held that the petitioner had become entitled to bail on statutory grounds. Consequently, the petition was converted into an appeal and allowed, with the petitioner granted bail subject to furnishing bail bonds. The Court emphasized that while the trial must proceed expeditiously, the prosecution retains the liberty to seek cancellation of bail if the petitioner obstructs the trial process. This judgment reinforces the principle that an accused is entitled to statutory bail when the delay in trial is not caused by their own conduct.
- Is an accused entitled to statutory bail when the delay in the trial is not attributable to their own conduct?
- Does the failure to frame a charge within the statutory period entitle an accused to the concession of bail?
- Can bail granted on statutory grounds be cancelled if the accused obstructs the trial process?
- Section 324, Pakistan Penal Code 1860
- Section 379, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
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.
Cited by 4 cases
- Muhammad Rauf vs The State, etc 2024 LHC 3281, PLJ 2024 Cr.C. 1219, 2025 MLD 610
- Muhammad Rauf Versus State 2025 MLD 132
- Muhammad Rauf Versus State 2025 MLD 610
- Sarfraz alias Faraz and others vs The State and others 2024 SHC 396, 2024 PLC (C.S.) 934