ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-97 of 2020

DATE                    ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

27.04.2020.

Mr. Athar Abbas Solangi, Advocate for the applicants.

Mr. Ashfaque Hussain Abro, Advocate for complainant

                   Mr. Muhammad Noonari, D.P.G for the State.

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Irshad Ali Shah J;- Facts in brief necessary for disposal of the instant bail application are that the applicants with rest of the culprits, being armed with deadly weapons, allegedly after having formed an unlawful assembly and in prosecution of their common object, committed Qatl-e-Amd of Zulfiqar Ali by causing him fire shot injuries, for that they were booked and reported upon by the police.

2.                At trial, they were admitted to bail on statutory ground of delay in trial. On conclusion of trial, they were found  guilty for the above offence and were convicted and sentenced accordingly by learned Additional Sessions Judge, Ratodero, vide his judgment dated 08.08.2018. On challenge, such judgment was set aside by this Court vide judgment dated 31.01.2020, with direction to learned trial Court to proceed with the case afresh.

3.                On remand of the case, the applicants sought for their release on bail by making such application, it was dismissed by learned trial Court vide its order dated 02.03.2020, it is in these circumstances, the applicants have sought for their release on bail pending fresh trial by way of instant application u/s.497 Cr.PC.  

4.                It is contended by learned counsel for the applicants that the applicants were on bail when they were convicted and sentenced by learned trial Court in the instant case; on challenge such conviction and sentence have been set aside by this Court, as such the applicants are entitled to be released on bail pending disposal of their case, as matter of right.

5.                Learned D.P.G. for the State and learned counsel for the complainant have opposed to release of the applicants on bail by contending that they are defeating the fresh disposal of case against them for one or other reason.

6.       I have considered the above arguments and perused the record.

7.       Admittedly, the applicants were on bail in the present case, when they were convicted and sentenced by learned trial Court; such conviction and sentence have been set aside by this Court with direction to learned trial Court to proceed with the case afresh. It is not proceeding for one or other reason, as per case diaries of learned trial Court which have been placed on record by learned counsel for complainant. In that situation, it would be unjustified to deny the concession of bail to the applicants, which they were already enjoying before pronouncement of verdict of conviction against them by learned trial Court.

8.                In case of Muhammad Naseeruddin vs. The State       (2019 MLD-558), this Court in similar circumstances admitted the accused to bail by making the following observation;

“No legal or technical purpose would be served by keeping/taking the petitioner in custody for an indefinite period when trial   had become uncertain and it was not known as to when the trial would conclude---High Court   while maintaining the earlier order of grant of bail passed in the year 2015, directed the trial Court to expedite the trial-- Application of the petitioner was accepted, in circumstances”. 

9.                In view of above, the applicants are admitted to bail subject to their furnishing surety in sum of Rs.300,000/- (Three Lacs) each and P.R bond in the like amount to the satisfaction of learned trial Court.

10.              The instant bail application is disposed of accordingly.

                                                                                             J U D G E