2018 PLP 1545 (MLD)

MALIK HAQ NAWAZ, J.

The petitioner along with three other co-accused was booked for the offences under section 324/34, P.P.C. vide FIR No.44/2014 registered at Police Station Chilas for attempting on the life of one Qalam Sher son of Mustafa on 30.05.2014.

2. The injured later on succumbed to the injuries and section 324/34, P.P.C. was converted into section 302/34, P.P.C. The co-accused and the present petitioner went underground and the remaining accused nominated in the FIR are still at large. The present petitioner was arrested after conducting a raid.

3. After arrest, the petitioner moved a bail application in the trial Court and after refusal of the same he approached this Court for the same relief which was declined on 13.4.2016. While deciding the bail application, directions were issued to the trial Court to conclude the trial within 90 days. The relevant para of the said order dated 13.04.2016 is reproduced as under:- P.9..... "However, since the petitioner/accused is in jail since last over 1 year without any substantial progress in the trial. Therefore, I direct the learned trial Court to take up this case on day to day basis and complete the case within 90 days, after receipt of this order. The learned trial Court will issue necessary directions to I.O. of the case, who shall be present on each and every date of hearing and he will ensure the production of all the P.Ws. before the Court on all the dates of hearing. The learned trial court will not allow un-necessary adjournments to any of the parties. The directions of the court should be followed in letter and spirit and in case of non-compliance, the petitioner/accused will be at liberty to move a fresh bail application if so advised."

4. The petitioner has approached this court afresh in the light of order of this court dated 13.4.2016, only on the ground that the directions issued by this court have not been complied with, as such the petitioner is entitled for concession of bail.

5. The copies of order-sheets annexed with the petition shows that after receipt of the copy of the order of this court dated 13.4.2016, the case was already fixed for 3.5.2016 for recording of statements of PWs. On 03-05-2016, P.W. namely Juma Gul, Jan Pur, Shakoor and Mustafa were present but their statements were not recorded due to absence of defence counsel and the case was posted to 24-05-2016. On 24-05-2016 statements of two P.Ws. namely Mustafa and Juma Gul were recorded while P.Ws. namely Shakoor and Jan Pur were abandoned by the DPP and case was posted to 08-06-2016. On 08-06-2016, P.Ws. were absent and bailable warrants were issued against them and the case was adjourned for 24-09-2016.

6. A perusal of above order-sheets shows that the learned trial Judge did not bother to obey the clear direction of this Court to the effect that the trial of the case shall be conducted on day to day basis and the trial Court was further directed not to grant any un-necessary adjournments to either of the parties. To facilitate the trial Court the directions were also issued to summon the I.O. of the case who was to be directed to ensure production of the P.Ws. on each and every date of hearing, but the learned trial Court did not follow the clear directions of this Court , which act is not seen and taken in good taste. Whenever any direction is issued by this Court all the judges of District Judiciary are bound to obey the same in letter and spirit to maintain the discipline in Judiciary and even otherwise under Article 73 of the Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009, the decisions of Chief Court are binding on subordinate Courts. The clear directions of this Court have been flindered and put at back burner, which left no option for me except to allow the petition with a heavy heart.

7. In the circumstances, I am inclined to allow bail to the petitioner irrespective of other merits/demerits of the case subject to furnishing bail bonds in the sum of Rs. 10,00000/- (Rupees ten lac only) with two solvent sureties each in the like amount to the satisfaction of trial Court. The trial Court will ensure that the sureties are sound and have sufficient property/assets to stand as sureties, as a tendency of jumping bail is creeping in District Diamer after obtaining bail. HBT/137/GB Bail granted.