IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.794 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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05.05.2025
Mr. Saifullah
Abbasi, advocate for applicant
Ms. Seema Zaidi, Additional Prosecutor General Sindh
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Shamsuddin Abbasi, J.-- Through instant
criminal bail application, applicant Masnoor son of Ghulam Yaseen seeks post arrest
bail in FIR No.564/2021, registered at P.S. Sir Syed for offence under Sections
302, 324, 34, PPC. Prior to this, applicant/accused filed such application but
the same was declined by learned Additional Sessions Judge-I, Karachi Central
vide order dated 18.02.2023. Applicant/accused filed Criminal Bail Application
No.977/2023 before this Court, the same was dismissed on merits vide order
dated 18.07.2023. Thereafter, applicant/accused repeated his bail application
before learned trial Court, the same declined vide order dated 18.02.2025,
hence instant criminal bail application.
2. Learned counsel for applicant/accused
submits that instant criminal bail application is preferred on the ground of
statutory delay. However, he pointed out that out of 15 prosecution witnesses,
9 PWs have been examined at trial and there remain only 6 PWs to be examined
and that the instant case is at the verge of conclusion before the learned
trial Court.
3. Learned Additional Prosecutor General
Sindh endorsed above position, however, she submits that there is no delay on
the part of prosecution during trial after framing of charge.
4. Heard learned counsel for applicant as
well as learned Additional Prosecutor General Sindh and perused the material
available on record.
5.
Admittedly, 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.”
6.
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 at the very of conclusion, and the fact the earlier
bail application of present applicant/accused has also been dismissed by this
Court on merits, 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 3 months from the date of receipt of this order.
J U D G E
Gulsher/PS