2017 PLP 464 (MLD)

MAZHAR ALAM KHAN MIANKHEL, C.J.

Petitioner Nasir alias Imran Nasir, whose earlier bail application was dismissed by this Court as not pressed, through this further application, seeks his release on bail on merits as well as on the ground of non-compliance of direction of this Court vide order dated 25.02.2016 in Cr. Misc. B.A. No. 1982-P/2015.

2. Petitioner along with co-accused is charged in case FIR No.489 dated 14.05.2015, under sections 302/324/34, P.P.C., Police Station Chamkani, Peshawar for committing the 'Qatl-i-Amd' of Muhammad Islam deceased, attempt to commit murder and causing injuries to Mst. Abida and Shafiq Khan.

3. Arguments of the learned counsel for the parties were heard and record was perused.

4. The argument of learned counsel for the petitioner that since earlier bail application of the petitioner was dismissed as not pressed, therefore, the petitioner can agitate bail on merits in the subsequent bail application, is not tenable, as this controversy has already been resolved by the august apex Court in case of "Ghulam Qammber Shah v. Mukhtiar Hussain and others" (PLD 2015 Supreme Court 66). In the said case, accused Mukhtiar Hussain, initially filed bail application before the Lahore High Court, Multan Bench, but the same was dismissed as not pressed on 24.09.2013. Subsequently, he filed another bail application before the same Bench and that too was dismissed as withdrawn on 04.02.2014. Thereafter he filed another application for bail on merits, which was allowed by the Lahore High Court Multan Bench vide order dated 18.07.2014, against which Ghulam Qammber Shah complainant, filed Crl. Petition No.513 of 2014. The Hon'ble Supreme Court while recalling the bail of the accused observed that the learned Judge-in Chamber had fallen in error in observing that the earlier applications for bail submitted by the accused had not been dismissed on merits because the dictum laid down by the apex Court in case of "Nazir Ahmad and another v. The State and others (PLD 2014 SC 241) and subsequently endorsed by a five member Bench of the apex Court in the case of "Muhammad Aslam v. The State and another (PLD 2015 SC 41), clearly holds that dismissal of an application for bail as having been withdrawn after arguing the case on the merits amounts to dismissal of the application on the merits of the case and a subsequent application for bail can only be filed and entertained if the same discloses any fresh ground for such relief i.e. a ground which was not available till the dismissal of the earlier application for bail.

5. It appears from order of this Court dated 25.02.2016 in Cr. Misc. B.A. No.1982, that after arguing the case on merits at some length, learned counsel for the petitioner did not press the same and requested for expeditious conclusion of the case within certain specified period and the application of the petitioner was dismissed as such, therefore, this application to the extent of bail on merits in light of the ratio of judgment of the apex Court (supra), is not entertainable.

6. While arguing the ground of delay in conclusion of the trial, learned counsel referred to an earlier order of this Court through which certain directions were passed to the trial Court to conclude the trial as early as possible but not later than four months, and according to the learned counsel, the directions were not complied with. In this regard, this Court observed that mere non-compliance of the directions by a Court by itself is not a valid ground for grant of bail being alien to the law as held by the Hon'ble Apex Court in case of "Nasir Ahmed v. The State and others" (PLD 2016 SC 11).

7. In this view of the matter, this application being meritless stands dismissed. JK/362/P Petition dismissed.