IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Bail Appln. No. S- 602 of 2023.

Date of hearing

Order with signature of Judge

19.01.2024.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr.  Ameer Ali Sanjrani, Advocate for applicant.

            Mr. Zafar Ali Malghani, Advocate for complainant.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

O R D E R

Muhammad Saleem Jessar, J:          Through this bail application, applicant Hazoor Bux son of Bagh Ali Sanjrani seeks his admission to post-arrest bail in Crime No. 86 of 2022, registered with P.S Moula-dad, for offences punishable under Sections  302, 114, 148 and 149 P.P.C.

            2.         Heard learned counsel for the applicant, as well as learned Advocate for complainant and learned D.P.G, and perused the material available on record.

            3.         It is reflected from the progress report dated 28^th October, 2023, furnished by the learned trial Court that the charge in the case has been framed and trial has commenced. However, today learned Advocate for complainant placed on record certified copies of depositions of complainant Mst. Hazooran and PW Budhal. He states at the Bar that rest of the witnesses of the complainant have also been examined and now there remain only official witnesses to be examined and that case is at the verge of finality. 

            4.         Since, only official witnesses remain to be examined and case is at the verge of conclusion, therefore it would not be appropriate to grant or reject bail plea of the applicant/ accused.

            5.         The Honorable Supreme Court in similar circumstances, in case of Rehmatullah v. The State and another reported in 2011 SCMR 1332, has been pleased to held as under:

            “When according to the order itself the trial was at the verge of conclusion. Learned Additional Prosecutor-General stated that now only one or two witnesses are yet to be recorded. The Courts should not grant or cancel bail when the trial is in progress and proper course for the Courts in such a situation would be to direct the learned trial Court to conclude the trial of the case within a specified period.”

            6.         In view of the foregoing reasons and the law laid down by Honourable Supreme Court in case of Rehmatullah (supra), the instant bail application stands dismissed. However, the learned trial Court is directed to pace-up the trial conclude it within a period of preferably two months and submit such report to this Court through Additional Registrar.

                                                Judge

Ansari