2008 PLP 864 (YLR)

KHAWAJA MUHAMMAD SHARIF, J.

Learned counsel for the petitioner, in. support of this bail petition, contends that the petitioner, is innocent and has falsely been involved in this case; the petitioner was arrested on 27-6-2005 one year and ten months have already passed but not a single witness has been examined; that the injured P.W. Mian Khan was awarded death sentence by the learned Additional Sessions Judge, Okara on 31-3-2007; that the trial is not in sight and that the petitioner is entitled to the concession of bail by this Court.

2. On the other hand, Mr. Naseeruddin Khan Nayyar, the learned Additional Prosecutor General, while appearing on behalf of the State, assisted by learned counsel for the complainant submits that case was adjourned on about 24 occasions, on seven dates of hearing accused were not produced from jail due to collusion with jail authorities, on several dates of hearing P. Ws. were present but they were not examined, delay has occurred due to fault of the present petitioner and not the complainant and a direction may be issued to the learned trial Court to expedite the trial.

3. I have heard learned counsel for the parties, have given consideration to the submissions made at the bar and have also gone through the record.

4. I have already dismissed Criminal Miscellaneous No.7761B/2005 filed by. Muhammad Irshad vide detailed order dated 18-11-2005 who was arrested on 22-6-2005. Petitioner was arrested on 27-6-2005 one year and ten months have already gone by but not a single witness has so far been recorded. The main witness Mian Khan injured has been awarded death sentence by the learned ASJ on 31-3-2007. Above all, he was available but not a single order shown that he was present on any date of hearing. Delay in conclusion of the trial has occurred due to fault of both the parties. It is settled law that speedy trial is a right of an accused person who cannot be kept in jail for an indefinite period. Therefore, without going into the merits of the case lest it may prejudice case of either side, this petition is allowed and the petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. However, it is made clear that if any hindrance is caused by the petitioner in the progress of the trial or he intentionally absents himself from the learned trial Court on any date of hearing, the learned trial Court shall be at liberty to cancel his bail. It is further directed that the trial shall be concluded with six months from the receipt of this order. H.B.T/M-442/L Bail granted.