2011 PLP 2297 (YLR)

GHULAM SARWAR KORAI, J.

Through this application, the applicant seeks his release on bail in case Crime No.87 of 2005 registered at Police Station Hatri Hyderabad under section 302, 324, 109, 34, P.P.C.

2. Brief facts of the prosecution case are that on 12-12-2005 at 12-30 hours, complainant Muhammad Ali lodged F.I.R., stating therein that he is chowkidar of Arif Builders. About three years back, his daughter was married with Ayaz Chang. About 15 days, she came to visit the house of her parents and was pregnant. The complainant along with his son Pahlwan, wife Sadori and daughter Reema were present in their house when at 0930 hours present applicant and co-accused Mehboob armed with rifle came there. They asked the complainant for Reema but Mst. Reema refused to go with her husband as she was not maintained by him, therefore, both the accused allegedly fired upon Mst. Sadori and Mst. Reema wife and daughter of the complainant and they sustained injuries on their abdomen and chest. The injured were referred to Hospital at Hyderabad for their treatment and then the F.I.R. was lodged.

3. After registration of F.I.R., accused were arrested. Both the injured Mst. Sadori and Reema succumbed the injuries and died, therefore, challan was filed under section 302, P.P.C. and the applicant is facing trial since. 2006. The bail application of the applicant was filed on the ground of delay but his bail application was dismissed by the learned IVth Additional Sessions Judge, Hyderabad vide order dated 18-10-2010 and that order has been impugned in the present bail application.

4. Heard Mrs. Shabana Kausar Jatoi Advocate for the applicant and Shahzado Saleem Nahyoon learned Assistant P.G. for the State.

5. Learned counsel for the applicant contended that the allegation against the applicant whatever may be but fair trial is right of the accused. He is behind the bars since, 2006 but the case has not been concluded without any fault on the part or the applicant. She prayed that the applicant may be released on bail.

6. Learned Assistant Prosecutor General Sindh opposes this bail application on the ground that applicant is involved in double murder case made two innocent women lost their lives, therefore, he is not entitled for concession of bail.

7. I have perused the case file. F.I.R. was registered on 12-11-2005, applicant and co-accused Mehboob were arrested during investigation and challan was filed on 4-1-2006 but case has not been concluded since last six years. Fair trial is right of the accused and man cannot be detained for indefinite period at the mercy of prosecution. Since the challan has been filed and the applicant is no more required for the purpose of investigation and case has not been concluded and pending since last six years, therefore, bail application of the applicant was allowed on the ground of delay vide short order dated 14-6-2011 and these are the reasons of the same. H.B.T./A-84/K??????????????????????????????????????????????????????????????????????????????????? Bail granted.