IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.575 of
2023
Before:
Mr. Justice
Naimatullah Phulpoto
Mr. Justice Amjad
Ali Sahito
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16.11.2023
Mr. Abdul Jabbar
Lakho, advocate for applicant
Mr. Ali Haider
Saleem, Additional Prosecutor General
Ms. Saima
Shahreen Abbasi, advocate for complainant
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O R D E R
NAIMATULLAH PHULPOTO, J.- Applicant/accused
Abdul Qadir Ujjan has applied for post arrest bail in Crime No.184/2018,
registered at P.S. PIB Colony, Karachi for offences under Sections 302, 34, PPC
read with Section 7 of the Anti-Terrorism Act, 1997. Applicant/accused applied
for the same relief before the trial Court and his fourth bail application was
dismissed by the trial Court vide order dated 07.03.2023.
2. Learned
advocate for applicant mainly contended that the applicant is innocent, he performed his duty on the date of incident. It
is further submitted that no incriminating material has been collected against
the applicant/accused by the Investigating Officer during investigation.
Lastly, it is argued that the applicant is in jail since last two years and he is
entitled for bail.
3. Mr.
Ali Haider Saleem, Additional Prosecutor General Sindh argued that the
applicant/accused was member of the police party and allegation against the
police party is that in a fake encounter, son of the complainant has been murdered
by the police officials. Additional Prosecutor General Sindh further pointed
out that evidence of material witnesses has already been recorded by the trial
court and it would be appropriate that the trial Court may be directed to
conclude the trial, expeditiously.
4. We
have heard the learned counsel for the parties and perused the progress report
submitted by the trial Court, which shows that the trial Court has recorded the
evidence of 07 prosecution witnesses and the trial is in progress. According to
the prosecution case, applicant was a member of police party at the relevant
time when the son of the complainant was murdered in a fake encounter. Evidence of seven prosecution witnesses has
been recorded by the trial Court, trial is in progress and the proper course
for this Court in such a situation would be to direct the trial Court to
conclude the trial within a specified period. At this stage, assessment of
evidence by this Court may influence the trial Court. In the case of
REHMATULLAH vs. THE STATE and another (2011 SCMR 1332) Supreme Court of
Pakistan has held as under:
“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. Reference may be made to Haji Mian Abdul Rafiq v. Riaz ud Din
and another (2008 SCMR 1206). We find that the impugned order was passed in
violation of the law, therefore, we cannot subscribe to it. In view whereof, we
are persuaded to allow tis petition and direct the learned trial Court to
conclude the trial of the case expeditiously.”
5.
In the view of above, instant criminal bail application is dismissed, with direction to the trial
Court to conclude the trial within two months, under intimation to this Court.
J U D G E
J
U D G E
Gulsher/PS