Due to the neglect of the police-prosecution in not submitting investigation reports (challans) trials cannot commence; trials which would probably conclude by the time the matter of bail comes before this Court.

 Due to the neglect of the police-prosecution in not submitting investigation reports (challans) trials cannot commence; trials which would probably conclude by the time the matter of bail comes before this Court. Therefore, either the accused is kept from being punished for the crime committed by him or he is unable to secure his freedom on being acquitted; in either eventuality a wrong signal is sent out, which is that either the judiciary is unnecessarily releasing the accused on bail or keeping innocent persons incarcerated for no good reason. Moreover, the focus shifts away from the early conclusion of trials to incidental matters, such as pursuing the remedy of bail by the accused and the resources of the State and in most cases also those of the complainant’s, expended in opposing bail. Court time is also wasted in attending to bail matters which would have been better spent in attending to the trial and appeals.

The intolerable state of affairs noted in the aforesaid paragraphs must come to an end. The law, that is, section 173 of the Code, and the observations this Court made are repeatedly being disobeyed in the province. Whenever citizens violate the law they have to face consequences but the State, with all the resources at its command, is getting away with violating the law far too often..

Criminal Petition No. 624/2021
Gul Rehman. Versus The State through AG, KP, Peshawar.