2006 PLP 1382 (YLR)

MRS. YASMIN ABBASEY, J.

Accused Shafique Ahmed, who has been arrested in Crime No.1 of 1999, under sections 302, 324, 337-H, 114, 148, 149 and 504, P.P.C., has moved this 5th bail application for grant of bail, solely on the ground of delay in trial of the case. It is pointed by learned counsel for the applicant that this applicant was arrested on 27-10-1999 but till now prosecution has not been able to complete its evidence. Even, the Investigating Officer was examined in the matter on 16-3-2006 that too, on the directions of this Court. It is further pointed by him that for about 34 hearings this applicant was not produced in the Court by the jail authorities. In support, he has referred 2003 MLD 19, 1997 SCMR 2147, 2005 PCr.LJ 555 and 2005 PCr.LJ

712. In reply to it, it is pointed by the learned counsel for the complainant that about 4 bail applications were earlier moved by this applicant. Two out of them were dismissed on merits, one was withdrawn, whereas the one application was disposed of with the observation that said bail application was moved directly without approaching the trial Court on the ground of delay in trial of case. It is further pointed by learned State Counsel that co-accused Shabbir is brother of this applicant, who during pendency of above case had absconded and it is because of his absconsion delay occurred in the matter but now he has been arrested. Five P.Ws. have been examined and only 5 witnesses are remaining, which will not take any longer time for their examination. At the same time, learned A.A.-G. has conceded to the fact that there is delay in trial of the case and the applicant should not .be prejudiced for the fault of the prosecution. The admitted fact is that applicant is in custody since 27-10-1999 and during this custody period he was not produced in Court for about 34 hearings by jail authorities. The last witness was examined by prosecution on 13-3-2006 that too on the direction of this Court. So there is no delay on the part of this applicant in disposal of case, therefore, apparently it is a good ground of hardship as even after completing of about 7 years the prosecution has not been able to examine his witnesses. So if at later stage it is found that accused was not guilty of offence charged, then prosecution has failed to show that who would be accounted for. The main object of criminal trial is that the accused is made to face the trial and answer the criminal charge against him and not to punish for the offence alleged against him. The detention of application for the period of 7 years and particularly in the circumstances when there is no likelihood of conclusion of case in near future amounts to do injustice with him and is a great hardship which has been caused to applicant because of inordinate delay in conclusion of trial. Applicant is enlarged on bail subject to furnishing surety of Rs.2,00,000 (Rupees two lacs) and P. R. bond of the like amount to the satisfaction of trial Court. H.B.T./S-26/K Bail granted.