2025 PLP 1817 (YLR)

Shaukat Ali Rakhshani, J.

This order of ours, aim to dispose of the captioned bail application preferred by accused-applicant Abdul Qayyum, seeking bail in case vide FIR No.12 of 2021 dated 16.07.2021 registered with Police Station, Federal Investigation Agency ("FIA") CBC, Quetta for the offences punishable under sections 3 and 4 of the Anti-Money Laundering Act, 2010 ("Act of 2010").

2. Genesis of the prosecution case is that initially an FIR bearing No.05 of 2014 for the offences punishable under sections 409, 420, 467, 468, 471, 477-A, 109-34 of the Pakistan Penal Code, 1860 ("P.P.C") read with sections 5 (2) of the Prevention of Corruption Act, II of 1947 was lodged against accused-applicant Abdul Qayyum and absconding accused persons namely Nisar Ahmed, Abdul Hakeem and Manzoor Ahmed with the allegations that the accused-applicant being an officer of Grade-III OCHIS Witional Bank of Pakistan Ziarat Branch, Balochistan committed fraud by doing misappropriation-embezzlement of governments funds, amounting to Rs. 131,155,900/-, thus the accused-applicant was booked and after a full fledged trial was convicted and sentenced by the Trial Court vide judgment dated 27.05.2021. Subsequently, another FIR bearing No.12 of 2021 under sections 3 and 4 of the Act of 2010 was registered against accused-applicant Abdul Qayyum and absconding accused persons for money laundering of the said funds of Rs.131,155,900/-, henceforth, the accused-applicant made an attempt for grant of bail before the Trial Court, but the same was rejected vide order dated 08.11.2023. However, feeling aggrieved the accused-applicant knocked the door of this Court by means of filing Criminal Bail Application No.193 of 2023, but it also culminated into dismissal vide order dated 08.12.2023, whereafter the accused-applicant filed another bail application before the Trial Court, but the same could not be proceeded statedly due to reason that the learned judge of the Trial Court had not taken charge, hence this bail application.

3. Heard. Record perused with the able assistance of learned counsel for the adversarial parties.

4. Learned counsel for the accused-applicant at the very outset stated that he would not press the instant application on merits, and as such, would seek bail on statuary ground of delay in conclusion of the trial.

5. The third proviso of clause (1) of section 497 of the Criminal Procedure Code, 1898 ("Cr.P.C.") enunciates and entitles an accused to bail on the ground of statuary delay in trial, when he is detained for continuous period exceeding one year, where delay in trial has not been occasioned by an act of the accused indicted for an offence not punishable with death as the case of the accused-applicant. We are also conscious of the legal proposition that fourth proviso of the section ibid debars a person, who in of the court is a hardened, desperate and dangerous criminal or is an accused in act of terrorism punishable with death or imprisonment for life, which is also not the case, thus the bar does not in any way comes in the case of the accused- applicant. In this regard, we are guided with the dicta expounded by the apex court in the case of "Adnan Shafai v. The State" (2024 SCMR 1543).

6. We have critically perused the record and the order sheets maintained by the Trial Court placed before us. The instant FIR was lodged on 16.07.2021, whereas the accused-applicant's production orders were issued by Trial Court on 26.10.2023, however, he was charged on 20.03.2024.

7. The act or omission on the part of an accused to delay timely conclusion of trial must be result of visible concerted effort orchestrated by him. After computation of the period, evident from the order sheets of the Trial Court, it appears that the accused-applicant is detained for more than a year, without his fault due to non appearance of the witnesses as well as absence of the learned trial judge.

8. For the foregoing reasons, the application on the statuary ground of delay in trial is allowed, and as such, accused-applicant Abdul Qayyum son of Abdul Hakeem is admitted to bail in FIR No.12 of 2021, subject to furnishing surety in the sum of Rs.500,000/-(Five hundred thousand) with PR bond of like amount to the satisfaction of the Additional Registrar of this Court or Trial Court. JK/57/Bal. Bail granted.