ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No. S -169 of 2020.

For Hearing of bail application

01-06-2020.

Mr. Muhammad Aslam Shahani Advocate for applicants

Mr. Anwar Ali Lohar Advocate for complainant

Mr. Abdul Rehman Kolachi DPG for the State

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Irshad Ali Shah, J;- The applicants allegedly with rest of the culprits after having formed an unlawful assembly and in prosecution of the common object not only caused kicks, fists, lathies and hatchet blows to complainant Sher Muhammad and PW Amanullah with intention to commit their murder but also insulted them by blackening their faces, for that the present case was registered.

2. On having been refused bail by learned 1^st Additional Sessions Judge / MCTC Ghotki, the applicants have sought the same from this Court by way of instant application u/s 497 Cr.P.C.

3. It is contended by learned counsel for the applicants that the learned trial Court has not been able to conclude the trial against the applicants within three months despite clear direction of this Court therefore; the applicants according to him are entitled to be released on bail on point of further inquiry and hardship.

4. Learned DPG for the State and learned counsel for the complainant have sought for dismissal of the instant bail application by contending that the case against the applicants is at the verge of its’ final disposal.

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

6. The applicants admittedly have been refused bail by this Court with direction to learned trial Court to conclude the trial against them within three months. As per progress report of learned trial Court learned counsel for the applicants is seeking adjournment for the reason that the parties are going to have a compromise. In that situation, applicants could not claim their release on bail on point of hardship. Even otherwise there was nothing in the order of this Court which may suggest that if the case against the applicants is not concluded within the stipulated time then the applicants to be admitted to bail as a matter of right.

7. In case of Nisar Ahmed vs. The State and others (PLD 2016 SC 11), it has been held by Hon’ble Apex Court that;

“Bail, grant of –Grounds—Non-compliance of the directions issued by the High Court (to the Trial Court) to conclude the trial expeditiously or within specified time—Non-compliance with such direction could not be considered a valid ground to grant of bail to the accused—Petition for leave to appeal was dismissed accordingly and bail was refused.”

8. In view of facts and reasons discussed above, it could be concluded safely that no case for grant of bail to the applicants is made-out. Consequently, the instant bail application is dismissed.

Judge

ARBROHI