IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.575 of 2023

[ Abdul Qadir Ujjan versus The State ]

 

                                                                        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