ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-350 of 2017

 

Date

               Order with signature of Judge

           

                          

                                 For hearing of bail application

 

13-08-2018    

                     

                           Mr. Hamayoun Shaikh, Advocate for applicant

                           Mr. Shoukat Ali Makwal, Advocate for complainant

                           Mr. Mir Afzal Hussain Talpur, APG

                           12-09-2014

                                     .-.-.-. -.-.-.-.-.-.-.-.-

 

O R D E R

Amjad Ali Sahito, J. Applicant Irshad seeks post-arrest bail on the ground of statutory delay in Crime No.313/2014, u/s 302, 147 and 149, registered at Police Station A-Section @ Shah Latif Khairpur. Earlier bail application of present applicant on the ground of statutory delay has been dismissed by      II-Additional Sessions Judge Khairpur, vide order dated 11.04.2017.

2.            Learned counsel for the applicant submits that the applicant is behind the bar since his arrest viz.17.12.2014 and despite passing of more than three year not a single witness has been examined by the prosecution as such the applicant is entitled for concession of bail on the ground of statutory delay.

3.            Learned APG duly assisted by learned counsel for the complainant has contended that the delay in trial cannot be attributed to prosecution which is evident from the case diaries as such the applicant is not entitled for bail on the ground of statutory delay.

4.            Heard learned counsel for the parties and perused the record.

5.            Perusal of record shows that the bail application filed by applicant was dismissed on merits by the trial court on 15.6.2015, thereafter applicant moved bail application No.S-534/2015 before this Court which was dismissed as not pressed vide order dated 06.04.2017 and then the bail application filed by applicant on statutory delay was also dismissed by the trial court on 11.04.2017.  Progress report called from the trial court reveals that the complainant and witnesses are appearing regularly but the matter is being adjourned due to absence of counsel for the applicant Irshad and adjournment applications moved from the side of applicant/accused, which shows that the delay in trial cannot be attributed to prosecution. Therefore, the applicant is not entitled for concession of bail on the ground of statutory delay. Hence this bail application is dismissed.

                                                                              

                                                                                                                    JUDGE

 

                                                                     

Suleman Khan/PA