--S. 497(5)--Cancellation of bail--Submission of challan--Respondent has been on bail for over three years and despite submission of challan, charge has not been framed--

 PLJ 2021 SC (Cr.C.) 363

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497(5)--Cancellation of bail--Submission of challan--Respondent has been on bail for over three years and despite submission of challan, charge has not been framed--Father of the Respondent No. 1 was murdered and the father of the petitioner has been nominated as accused person--In the peculiar circumstances of the case, it would not be appropriate for high Court to interfere with the discretion exercised by the High Court--Leave to appeal is declined.                                                                 [Pp. 364 & 365] A, B & C

Mr. Altaf Samad, ASC and M. Ajmal Khan, AOR for Petitioner.

Mr. Mujahid Ali Khan, Additional A.G., Khyber Pakhtunkhwa for State.

Mr. Arshad Jamal Qureshi, ASC along with Azhar Ali for Respondent No. 1.

Date of hearing: 17.9.2018.

 PLJ 2021 SC (Cr.C.) 363
[Appellate Jurisdiction]
Present: Qazi Faez Isa, Mazhar Alam Khan Miankhel and Yahya Afridi, JJ
MASVEER AHMED alias AZIZ AHMED--Petitioner
versus
AZHAR ALI and another--Respondents
Crl. P. No. 61-P of 2015, decided on 17.9.2018.
(Against the judgment dated 16.03.2015 of the Peshawar High Court, Peshawar passed in Crl. Misc. B.A. No. 346-P of 2015)

Order

Qazi Faez Isa, J.--Through this petition, petitioner seeks cancellation of bail granted to Respondent No. 1 by the Peshawar High Court, Peshawar vide judgment dated 16th March, 2015 in case FIR No. 567 dated 1st August, 2014 registered for offences under Sections 324 and 34 of the Pakistan Penal Code at Police Station Khazana, District Peshawar.

2. The learned counsel for the petitioner states that three persons were nominated for causing injuries to three persons, namely, Masveer, Baseer Ahmed and Musam Khan, therefore, the reasons which prevailed with the learned judge of the High Court in granting bail was not sustainable particularly as different sets of bullet casings were recovered from the crime scene.

3. The learned Additional Advocate General, KPK supports the petition. The learned counsel for Respondent No. 1 states that the said respondent has been on bail for over three years and despite submission of challan in the month of November, 2015 the charge has still not been framed. He further states that the delay in the commencement and conclusion of the trial has not been attributed to Respondent No. 1 nor to the co-accused Zulfiqar, who was arrested in the month of November, 2015 nor have they abused the concession of bail in any manner. The objective of the present petition, according to the learned counsel, is to pressurize the Respondent No. 1 and his family to compromise the criminal case in which the Respondent No. 1’s father was murdered and wherein the father of the petitioner has been nominated as an accused, and who has remained an absconder therein. The petitioner too has become an absconder in another criminal case. He concludes by stating that the co-accused Zulfiqar had also secured

bail and the application for cancellation of his bail submitted before the High Court was dismissed in default on 13th April, 2018 and no step taken to resurrect the application nor has the said dismissal order been assailed before this Court.

4. In the peculiar facts and circumstances of the case, it would not be appropriate for this Court to interfere with the discretion exercised by the learned High Court particularly as Respondent No. 1 has remained on bail for over three and a half years and it is not alleged that he has been responsible for the delay or misused the concession of bail in any manner. Under such circumstances, leave to appeal is declined and, consequently, the petition is dismissed.

5. The learned counsel for Respondent No. 1 on his behalf and learned Additional Advocate General, KPK on behalf of the State undertake that no unnecessary adjournments will be sought in the pending trial. The Trial Court should therefore ensure the expeditious disposal of the case which is an old one.

(K.Q.B.)          Petition dismissed