No limitation in criminal prosecution. Delay however has much influence on credibility of oral evidence. Money given in 1958. Accused refusing to return till 1961. Report for criminal breach of trust lodged in 1964 Revision against acquittal dismissed. 1975 P.Cr.LJ 494 Zafarullah Khan v. Fahim-ud-Din.
Inordinate delay in disposal of case. Proceedings quashed. Prosecution is to blame for non-production of sanction; the witnesses; the co-accused from jail or frequent transfer of case from Court, to Court by change of law or by conduct of the prosecutor. PLD 1959 Lah. 322 Mohammad Hussain.
Delay in trial. Lapse of more than 3 years sine murder, capital sentence not imposed. (SC) PLD 1966 SC 129 Contra. 1970 SCMR 288 Siddiq. 3« years since crime committed sentence of death maintained, also. 1971. SCMR 299 Mohammad Shafi.
Unless charge is framed no delay in trial to be attributed to the petitioner for adjournment. He is entitled to bail after completion of 2 years continuous detention under proviso to Sec. 497(1) Cr.P.C. when trial is not concluded. 1990 P.Cr.LJ 2051, Punjab.
4 years in trial. Accused facing trial for murder for 4 years. Delay is a mitigating circumstance for sentence. Life sentence instead of death imposed (DB) PLD 1959 Kar. 460 Kambar Ali Shah.
Inordinate delay (5 years) in investigation and prosecution of criminal case. Abuse of process. Proceedings quashed. PLD 1965 Kar. 310 Amanullah Khan.
5 years' delay in trial without doing anything substantial. Delay caused by the public prosecutor and one or the other accused could not be had from the Central Jail, Lahore. Proceedings quashed. PLD 1957 Lah. 837 Fazal Karim.
Delay in disposal of criminal case. Case pending for 6 years. Proceedings quashed. (DB) PLD 1955 Sindh 227 Crown v. Peru.
7 years in trial. The case against the accused reaching finality more than 7 years after commission of the offence and he has undergone the expense and anxiety of a protracted trial and two appeals. Conviction maintained but sentence reduced to already undergone. (SC) PLD 1964 SC 266 (281).
Inordinate delay (11 years) in disposal of criminal case. Proceedings quashed. PLD 1964 Lah. 246 Abdul Haq.
Delay no ground for quashing proceedings. Mere fact that long time has elapsed since the initiation of proceedings is no ground for quashing criminal proceedings. (SC) PLD 1967 SC 317 Ghulam Mohammad v. Muzammal Khan.
Delay in criminal trial (quashment). Delay may raise equities (inter partes) in civil, but not in criminal matters, Government being the other party. Each case must rest on its won peculiar facts and circumstances. In quashment proceeding under section 561-A, Cr.P.C. the test is whether the continuance of the proceedings will be the abuse of the process of the Court. (SC) PLD 1965 SC 587 Khawaja.
Retrial after 7 years of occurrence ordered in revision from acquittal, 1972 P Cr. LJ 664 Mohammad Din v. Haider and others. 1972 P Cr.LJ 657 Khadam Hussain v. Ilyas and others.
Revision heard after 11 years. Conviction recorded more than 10 years ago and revision coming up for hearing after about 11 years. Sentence reduced to already undergone. 1977 P Cr. LJ 857 Mohammad Siddiq etc.
Prolonged trial and revision. Trial took three years to conclude. Revision came up for hearing after 12 years. Sentence reduced to already undergone. 1980 P Cr.LJ 916 Ghulam Shabbir Shah.
Delay in revision from acquittal. Revision from acquittal coming for hearing in High Court after 11 years. The order of trial Court reasonable. Acquittal not interfered with 1977 P Cr.LJ 594 Sardar Mohammad v. Sarwar etc.
Delay in decision of revision petition. Petitioner sentenced to three months R.I. High Court dismissed division after 6« years. Supreme Court held that it would not be proper to send back the petitioner to jail after such a long time. Sentence reduced to already undergone. 1983 SCMR 36 Nazir Hussain.
Revision from acquittal heard after 10 years. Ten years period elapsing since acquittal and two out of three accused already dead. Order of trial in the murder case neither perverse nor erroneous on its face. Contention that different conclusions could be reached on evidence, held, no ground for interference. Revision dismissed. 1977 P Cr.LJ 14 Allah Rakhio Khan v. Makhmuddin etc.
Appeal heard after 5 years of conviction while the appellant remained on bail, the Court held that it would be improper to send the appellant to jail after 5 years. Sentence of 3 years' R.I. altered to fine of Rs. 60,000 instead of Rs. 40,000 in a corruption case. NLR 1984 Cr. 734 Maqbool Ahmed.
Delay in hearing of appeal in case u/Ss. 376, 366, PPC when offence committed in 1968. Magistrate convicted and sentenced him in 1969. Appeal in High Court filed in 1969. Appeal heard and conviction and sentence maintained in 1984 April that is after 15 years. Supreme Court held that the ends of justice would not be served if the appellant is sent back to jail at that stage. Sentence reduced to already undergone. 1985 SCMR 180. Shahid.
Expectation of life and delay in disposal of appeal. Occurrence on 9th February, 1965. High Court acquitted accused on 8th April, 1967 (Sessions Judge had convicted the accused on 8th April, 1966) Supreme Court heard appeal on 26th November, 1969. As the respondent had expectation of life as far back as 8th April, 1969, penalty of death was not exacted from him. Transportation for life ordered. (SC) 1970 SCMR 333 (339) the State v. Fateh Khan.
1 Year and 8« months since the incident. Death sentence not awarded by the Supreme Court in view of the length of time from the incident (1.7.1959 to 15.3.1961) i.e. 1 year 8« months and accused having obtained expectation of life. (SC) PLD 1961 SC 230 Ghulam Hussain v. Zainullah and State.
3 years and 9 months delay since murder. (Date of murder 15.4.1959). Appeal decided on 9-1-1963. Transportation for life instead of death ordered. (SC) PLD 1963 SC 97 Sultan Khan v. Taj Din.
Offence committed 5 years ago. Accused underwent protracted trial. Sentence reduced to fine only. 1973 P Cr.LJ 884 Abdur Razak v. State Bank of Pakistan.
7 years' delay in investigation and trial. Sentene under section 409, P.P.C. reduced from 9 years to 6 years. PLD 1969 Pesh. 12 Mohammad Sadiq.