SHABIR SHAH ALIAS SHABIR HUSSAIN SHAH versus STATE

Criminal Code of Conduct (CCPC) Section 497, Prunuso Penal Code (XLV of 1860), Section 302/34 Guarantee Section 497 Case, Provisions: Long term detention in prison without trial as long as possible Be reduced and if the inevitable result of the legal agency's obligation to marshal all the evidence against the accused or for any other good reason, the trial was not concluded That the accused should be allowed bail exemption. A two-year period should not be calculated according to rigorous mathematical calculations and number of days. Maturity should not be deducted for a period of two years on the issue of adjournment at the request of the accused, however, since the request for postponement has been made in compulsory circumstances or because of the honesty of the accused as a result of his control. And unclear requests may result in delays. Delays caused by the courts should not be treated differently by the suspects, delays caused by the administration and other problems caused the prosecution's witness to be disqualified and delayed.

1984 P Cr. L J 3147

[Karachi]

Before Ibadat Yar Khan, J

SHABIR SHAH alias SHABIR HUSSAIN SHAH-Applicant

Versus

THE STATE-Respondent

Criminal Bail Application No. 360 of 1984, decided on 19th June, 1984.

Criminal Procedure Code (V of 1898)-

-- S. 497, proviso-Penal Code (XLV of 1860), S. 302/34-Bail Object of S. 497, proviso: Long period of detention in prison without trial should be curtailed as far as possible and if due to unavoidable circumstances occasioned due to liability of prosecut ing agency in marshalling all evidence against accused or due to any other good cause, trial had not concluded accused should be allowed concession of bail-Period of two years should not be determined by strict mathematical calculation and number of days consumed on account of adjournment at request of accused should not be mathematically deducted from period of two years even though request for adjournment may have been made under com pelling circumstances or on account of reasons beyond control of accused- Resulting delays on account of honest and bona fide requests for adjournments made by accused should not be treated differently from delays caused on account of Courts remaining vacant, delay caused due to non-attendance of prosecution witness and delays occasioned due to administrative and other problems.

P L D 1983 Lah. 24 fol.

Shaikh Ayaz for Applicant.

Zawar Hussain Jafferi. A. A.-G, for the State.

Date of hearing: 19th June, 1984.

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