ORDER SHEET
IN THE HIGH COURT OF
SINDH, BENCH AT SUKKUR
Cr. Bail. Appln. No.S- 197 of 2019
Date Order with Signature of Hon’ble Judge
For hearing
of bail application
22.04.2019
Mr. Shoukat
Ali Makwal Advocate for the Applicant
Syed Sardar Ali Shah, DPG for
the State
>>>>>>>…<<<<<<<<
IRSHAD ALI SHAH, J; The applicant and others are said
to have been found transporting huge quantity of Narcotics substances through
their Cars, for that they were booked and reported upon by the police. The
applicant was denied concession of bail by learned trial Court and he then
sought for the same from this Court, such application he did not press with
direction to learned trial Court to conclude the proceedings of this case
within two months. The case could not be concluded within stipulated period of
two months then the applicant by way of an application u/s 497 Cr.P.C sought for his release on bail. It was denied. It is
in these circumstances, the applicant has sought for his release on bail from
this Court by way of instant bail application.
2. It is contended by learned
counsel for the applicant that the learned trial Court has not been able to
conclude the trial against the applicant in terms of direction by this Court, which
has made the applicant to be released on bail as a matter of right.
3. Learned DPG has sought for
dismissal of instant bail application by contending that no fresh ground is
available to the applicant which may justify
admitting him to bail.
4. I have considered the
arguments and perused the record.
5. Admittedly, the applicant
has been refused bail by learned trial Court on merits and his application for
his release on bail was dismissed by this Court as not pressed with direction
to learned trial Court to make disposal of the case against the applicant
within two months. There was nothing in the order of this Court which may
suggest that if the case against the applicant is not concluded within two
months, then the applicant could be released on bail as a matter of right. No
justification / fresh ground is made available by the
applicant which may make him entitled to be released on bail. Consequently, the
instant bail application is dismissed with an advice to learned trial Court to
expedite the disposal of the case against the applicant within shortest
possible time.
Judge
ARBROHI