IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.2473 of
2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
1.
For orders on office objection as at
“A”
2. For
hearing of bail application
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12.02.2025
Mr. Muhammad Bashir Shakeel,
advocate for applicant
Ms. Seema Zaidi, Additional
Prosecutor General Sindh
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SHAMSUDDIN ABBASI,
J.—Applicant/accused Nisar
Ahmed son of Muhammad Musa seeks post arrest bail in FIR No.1109/2021,
registered at P.S. Shah Latif Town, Malir Karachi for offence under Sections 397,
302, 34, PPC, after rejection of bail plea by learned trial Court vide order
dated 19.09.2023.
2. Brief
facts of the case are that on 23.06.2021 at about 1945 hours, three unknown armed
persons, involved in series of public robberies, attempted to intercept
complainant and his brother Zareef Khan. In order to escape away Zareef Khan
accelerated the speed of motorcycle, due to which armed persons opened direct
fires upon them, resultantly Zareef Khan sustained firearm injury at his chest,
who was taken to hospital but unfortunately he succumbed to his injury, and the
subject FIR of the incident was lodged at the police station concerned.
3. Learned
counsel for applicant presses instant criminal bail application on the ground
of statutory delay in conclusion of trial and submits that applicant is behind
the bar since last four years without any progress in trial and delay is not on
the part of applicant/accused but the complainant party is avoiding to appear
before the trial Court. He finally prays for grant of bail to the
applicant/accused.
4. Learned
Addl: Prosecutor General Sindh submits that delay in conclusion of trial is solely
on the part of applicant/accused, which fact has been mentioned by learned
trial Judge in his order, as such, he is not entitled for grant of bail on
statutory ground. She opposed the bail application.
5. Heard
learned counsel for applicant/accused as well as Additional Prosecutor General
Sindh and perused the material available on record.
6. It
is a matter of record that earlier bail application on merits has been
dismissed by the trial Court as well as this Court. Applicant/accused has moved
instant criminal bail application on the ground of statutory delay. Record
reflects that charge was framed on 20.01.2021 and case could not be concluded
on the ground that counsel for applicant/accused remained absent on 14 dates of
hearings without any plausible reason, despite presence of complainant and
other PWs. Record also reflects that delay in conclusion of trial is caused by
the accused party, therefore, the applicant/accused is not entitled for grant
of bail on the ground of statutory delay. As such, instant criminal bail
application is dismissed. However, learned
trial Court is directed to conclude the case expeditiously, preferably within a
period of six months, without granting adjournment to either party on any
flimsy ground, under intimation to this Court through learned MIT-II.
7. Needless
to mention here that the observations made hereinabove are tentative in nature,
the same would not influence the trial Court while deciding the case of the
applicant/accused on merits.
J
U D G E
Gulsher/PS