IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.1104 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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19.05.2025
None for applicant
Ms. Seema Zaidi, Additional Prosecutor General Sindh
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Shamsuddin Abbasi, J.-- Through instant criminal bail application,
applicant Muhammad Faheem son of Muhammad Ajmal seeks post arrest bail in FIR No.695/2023, registered
at P.S. Defence for offence under Sections 395, PPC, after rejection of his
bail plea by learned Additional Sessions Judge-VIII, Karachi South vide order
dated 03.1.2024.
2. During pendency of instant criminal
bail application, progress report was called from learned trial Court, which
has been received. Perusal of report reveals that all the prosecution witnesses
have been examined by learned trial Court except the concerned Magistrate.
Today, no one is in attendance on behalf of the applicant/accused. Since the
case is at the verge of conclusion before learned trial Court. The Hon’ble Supreme Court of Pakistan in the case of Rehmatullah v.
The State (2011 SCMR 1332) has held that in such circumstances the Courts
should not grant or cancel the bail when the trial is in progress and proper
course in such situation would be to direct the trial Court to conclude the
trial of the case within a specified period. For the sake of convenience,
relevant Paras 3 and 4 of the order passed by Hon’ble Supreme Court in the aforesaid case are reproduced
hereunder:
“3. Heard. The petitioner was granted bail on
21.11.2008, which was cancelled by the learned High Court on 19.03.2019, 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. Reference may be made to Haji Mian
Abdul Rafique vs 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 this petition and direct the learned trial court to conclude the trial of
the case expeditiously.
4. For the foregoing
reasons, present petition is converted into appeal, allowed and bail granting
order dated 06.04.2009, passed by this Court, is confirmed. However, learned
trial Court is directed to conclude the trial of the case within a period of
two months from the date of receipt of copy of this order.”
3.
Looking to the case law cited above as well as subject case, which is pending
before learned trial Court where evidence of material witnesses has already
been recorded, the case is at the verge of conclusion, therefore, instant
criminal bail application is dismissed,
however, with direction to the learned trial Court to conclude the trial of the
case preferably within a period of two (2) months from the date of receipt of
this order.
J U D G E
Gulsher/PS