PLJ 2023 Cr.C. (Note) 69
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 324, 34, 334, 337-A(i) & 337-F(i)--Bail after arrest, grant of--Allegation of--Murderous assault and caused injuries--Offences with which petitioner is charged do not entail capital punishment i.e. death, hence, his case is covered by part (a) of third proviso to Section 497(1), Cr.P.C. as he is behind bars from last two years, but trial of instant case has not been concluded so far--The petitioner has been shown to be involved in five other cases, but apparently he is not convicted in any case--The prosecution has miserably failed to bring case of present petitioner within purview of exceptions provided in third and fourth provisos to Section 497(1), Cr.P.C--The Honourable Supreme Court of Pakistan in its latest illuminated verdict/order dated 04.10.2021 passed in Criminal Petition titled “Shakeel Shah versus The State, etc”--Court is persuaded to admit petitioner to post-arrest bail on statutory ground of delay in conclusion of trial--Petition allowed. [Para 6 & 8] A, B, C & D
Mr. Javed Asghar Ansari, Advocate for Petitioner.
Mr. Ansar Yaseen, Deputy Prosecutor General for State.
Rao Rehman Ali, Advocate for Complainant.
Date of hearing: 29.11.2021.
PLJ 2023 Cr.C. (Note) 69
[Lahore High Court, Multan Bench]
Present: Ali Zia Bajwa, J.
MUHAMMAD ZUBAIR alias ZUBAIRI --Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 5433-B of 2021, decided on 29.11.2021.
Order
This is second post-arrest bail petition on behalf of the petitioner. The first one being Crl. Misc. No. 3826-B of 2021 was dismissed as withdrawn after arguing the case at full length vide order dated 27.07.2021. The instant bail petition has been moved on the fresh ground of statutory delay in conclusion of the trial.
2. Through this petition filed under Section 497, Cr.P.C., Muhammad Zubair alias Zubairi (petitioner) has sought post-arrest bail in case F.I.R No. 350/2019, dated 04.09.2019, registered under Sections 324, 34, 334, 337-A (i), 337-F (i), PPC, registered with Police Station Sahuka, District Vehari.
3. Precisely the allegation against the petitioner is that on 03.09.2019, at 9:10 p.m. he along with his co-accused while armed with rifles .44 bore launched murderous assault and caused injuries to the complainant and Muhammad Sadiq son of the complainant.
4. Arguments heard. Record available on the file perused.
5. It is straightaway noticed by this Court that the petitioner was arrested in this case on 08.11.2019, whereas report under Section 173, Cr.P.C. to the extent of present petitioner and co-accused was submitted before the learned trial Court on 08.01.2020. Initially charge against the petitioner and his co-accused was framed on 04.02.2020, subsequently prosecution evidence was not present on two consecutive dates i.e. 18.02.2020 and 03.03.2020 respectively. On 17.03.2020, on account of arrest of another co-accused Abaid Ullah, report under Section 173, Cr.P.C. to his extent was requisitioned and subsequently due to pandemic of COVID-19 and lock-down imposed by the Government as well as non-production of accused persons, the proceedings remained pending without any material progress till 26.08.2020. Thereafter, on receipt of supplementary report to the extent of Abaid Ullah co-accused, charge was again framed on 08.10.2020, whereas subsequently on account of non-production of complete prosecution evidence as well as filing an application for correction of charge, the proceedings were being adjourned, which was accepted and revised charge was framed on 30.11.2020. Till that period, statutory ground of delay in conclusion of trial has accrued in favour of the petitioner.
6. It is an admitted position that the offences with which the petitioner is charged do not entail capital punishment i.e. death, hence, his case is covered by part (a) of the third proviso to Section 497(1), Cr.P.C. as he is behind the bars from the last two years, but the trial of instant case has not been concluded so far. The above detailed facts from order sheet do not reflect any design, pattern or concerted effort on the part of the petitioner to delay the conclusion of the trial, whereas the adjournments pointed out by learned Deputy Prosecutor General and learned counsel for the complainant are after the lapse of first year of his detention, which are of little significance. Although the petitioner has been shown to be involved in five other cases, but apparently he is not convicted in any case. The prosecution has miserably failed to bring the case of the present petitioner within the purview of exceptions provided in third and fourth provisos to Section 497(1), Cr.P.C. The Honourable Supreme Court of Pakistan in its latest illuminated verdict/order dated 04.10.2021 passed in Criminal Petition No. 1072/2021 titled “Shakeel Shah versus The State, etc” after liberally elaborating the referred provisions of law granted bail to an accused on statutory ground.
7. The body of the petitioner is not required to the police for the purposes of further investigation. Granting bail to an accused person does not amount to his acquittal rather his custody is handed over from State to the surety, who takes the responsibility to produce him before the trial Court as and when required and summoned.
8. For what has been discussed above, this Court is persuaded to admit the petitioner to post-arrest bail on statutory ground of delay in conclusion of trial. Resultantly, the instant bail petition is allowed and the petitioner is admitted to post-arrest bail, subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- (Rupees two hundred thousand only) with two sureties each in the like amount to the satisfaction of learned trial Court. However, it is made clear that if the present petitioner does not cooperate with the trial Court for early disposal of the trial, it shall be deemed to misuse of concession of bail and the complainant is at liberty to move an application for cancellation of his bail.
9. Before parting with this order, the learned trial Court is directed to conclude the trial proceedings of instant case within three months from date of receipt of certified copy of this order under intimation to this Court through Deputy Registrar (Judl.) of this Bench.
(A.A.K.) Petition allowed
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