PLJ 2024 Cr.C. (Note) 31
[Sindh High Court, Circuit Court Hyderabad]
Present: Amjad Ali Sahito, J.
Mst. NAEEMA--Applicant
versus
STATE--Respondent
Crl. Bail Application No. S-351 of 2022, decided on 3.10.2022.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 316, 322 & 34--Bail, dismissal of--Prosecution witnesses have been examined except official witnesses--In such circumstances Court should not grant or cancel bail when trial is in progress and proper course in such situation would direct trial Court to conclude trial of case within specified period. [Para 3] A
Ref. 2011 SCMR 1332, 2008 SCMR 1206.
Mr. Muhammad Sachal Awan, Advocate for Applicant.
Mr. Ghulam Ali Talpur, Advocate for Complainant.
Mr. Abdul Waheed Bijarani, A.P.G for Respondent.
Date of hearing: 3.10.2022.
Order
Through the above captioned bail application, the applicant/ accused Mst. Naeema seeks her post-arrest bail in Crime No. 03 of 2022, under Sections 316, 322, 34, PPC, registered at P.S Sita Road, after her bail plea was declined by the learned Additional Sessions Judge-IV, Dadu, vide order dated 27.04.2022.
2. Perusal of certified copies of subject case diaries of the learned trial Court available on record shows that almost all the prosecution witnesses have been examined except official witnesses and now the case of the prosecution is at the verge of conclusion before the learned trial Court. However, learned A.P.G present in Court raised no objection, if the learned trial Court is directed to conclude the subject case expeditiously.
3. Admittedly, almost all the prosecution witnesses have been exmined by the learned trial Court and only official witnesses are to be examined hence, now the case is at the verge of conclusion. In this regard, I am fortified with the case of “Rehmatullah vs The State and another (2011 SCMR page-1332) wherein the Hon’ble Supreme Court has held that in such circumstances the Court should not grant or cancel the bail when the trial is in progress and proper course in such situation would direct the trial Court to conclude the trial of the case within specified period. For the sake of convenience relevant Paras-3 and 4 of the said order passed by the Hon’ble Supreme Court of Pakistan in the case of “Rehmatullah vs The State and another (supra) 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 v. 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 6.04.2009, 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.”
4. Looking to the case law cited above as well as subject case which is pending before the learned trial Court where the almost all the prosecution witnesses have already been examined by the learned trial Court; therefore, the learned trial Court is directed to conclude the trial of the case within a period of [45] days after receipt of this order; therefore, in such circumstances, the instant bail application is dismissed.
(A.A.K.) Application dismissed
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