IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
1st Criminal Bail No.S-41 of 2023
Javed Ahmed alias Javed Ali Magsi
V/S
The State
Applicant: Javed Ahmed alias Javed Ali son of Gul Hassan Magsi
Through Mr. Asif Ali Abdul Razzak Soomro, Advocate.
State: Through Mr. Aitbar Ali Bullo, Deputy
Prosecutor General, Sindh.
Date of Hearing: 05.03.2025
Date of Decision: 17.03.2025
O R D E R
Omar Sial, J.- On 07.06.2022, Inspector Iqbal Haider Khokhar acting on behalf of the State registered F.I.R. No. 3 of 2022 at the Anti-Corruption Establishment in Kamber-Shahdadkot. The F.I.R. recorded that Javed Ahmed, the applicant, was a Food Supervisor and that he procured 66900 bags of wheat out of which 56483 were dispatched to Karachi, whereas he misappropriated the remaining bags. The pre-arrest bail application filed by the applicant was dismissed on 18.11.2022 whereas the post-arrest bail was also dismissed on 10.01.2023.The Special Judge Anti-Corruption (Provincial) Larkana heard and decided both applications.
2. This application seeking post-arrest bail has been filed primarily on the ground of statutory delay. The applicant was arrested on 18.11.2022 and has been in confinement since.
3. A report was called from the learned trial court, which, on 27.01.2025, reported that the trial court had examined twelve out of thirteen witnesses. The delay since 21.10.2024 has been caused by adjournments sought by the accused. Be that as it may, vide report dated 13.03.2025, the learned trial court has confirmed that the case is towards its conclusion and that the investigating officer is only left to be examined.
4. Following the dicta laid down by the Supreme Court in 2011 SCMR 1332 (Rehmatullah v/s. The State and another), it would not be appropriate to dismiss or allow the bail application. Accordingly, the bail application is disposed of with the expectation that the learned trial court will be able to conclude the trial within one month.
Judge
Manzoor