NADEEM-UL-HAQUE vs THE STATE
The applicant, Nadeem-ul-Haque, sought post-arrest bail in a case involving charges under sections 392 and 342 of the Pakistan Penal Code 1860, arising from an FIR registered in 1998. The core legal question was whether the applicant was entitled to bail on the grounds of inordinate delay in the conclusion of the trial, given that he had remained incarcerated as an under-trial prisoner for nearly five years, which constituted a significant portion of the maximum ten-year sentence prescribed for the offence. The Sindh High Court held that the applicant was entitled to bail, observing that the detention period was excessive and that the trial's conclusion was not in sight, with only three of eight prosecution witnesses examined despite prior directions to expedite proceedings. The court emphasized that individuals cannot be subjected to indefinite custody as under-trial prisoners. Consequently, the court granted bail, noting that the applicant had served a major portion of the maximum possible sentence and that a co-accused had already been released on bail.
- Does the prolonged incarceration of an under-trial prisoner, constituting a significant portion of the maximum sentence, constitute sufficient grounds for the grant of bail?
- Can an accused be kept in custody for an indefinite period when the trial proceedings are moving at an exceptionally slow pace?
- Is the grant of bail to a co-accused a relevant factor in considering the bail application of another accused facing similar charges?
- Section 392, Pakistan Penal Code 1860
- Section 342, Pakistan Penal Code 1860
ORDER
1. ' Applicant Nadeem-ul-Haq is booked for an offence under sections 392 and 342, P.P.C. In F.I.R. No,14 of 1998 of Police Station Saddar.
2. ' The brief facts of the case are that complainant Muhammad Akbar lodged FIR. At Saddar Police Station alleging therein that on 22-1-1998 at 6-00 p.m. Three young unknown boys intruded into the house and robbed Rs,51,500 cash, golden ornaments, licensed pistol and wrist watches on gun point.
3. ' After registration of F.I.R. The police took up investigation and submitted challan. At present the case is pending trial in the Court of 1st Additional Sessions Judge, Karachi South.
4. ' It is contended by the learned counsel that the present applicant was arrested on 25-6-1998 and since then there is no progress in the trial and the conclusion of trial is still not in sight in near future.
5. ' It is submitted that the maximum sentence as provided under section 392, P.P.C. Is only 10 years and half of the maximum sentence he will complete as an under-trial prisoner on 25-6-2003. His bail application was moved before this Court which was decided on 23-5-2002 with the directions to the trial Court to examine remaining witnesses and conclude the trial as early as possible preferably within two months. His another bail application was decided by this Court on 23-10-2002 with the directions to the trial Court to consider the bail application of accused on the ground of delay.
6. ' It is submitted that in all 8 witnesses have been cited in challan, out of whom only 3 witnesses could be examined so far.
7. ' It is submitted that co-accused Amir Rehman has been granted bail on 29-11-2001. The bail order indicates that bail has been refused to this accused on the ground that he is involved in some other three cases and he is desperate and dangerous.
8. ' Mr. Habib-ur-Rasheed learned counsel appearing for the State has opposed the bail plea of accused.
9. ' Admittedly the accused is in jail for the last about little less than 5 years. Out of eight witnesses, only three could be examined so far.
10. ' The maximum sentence provided under section 392, P.P.C. Is 10 years only. The record shows that he has served out the major portion of the maximum sentence. The detention period as an under- trial prisoner is shocking one and people could not be allowed to remain in custody for indefinite period. Co-accused Amir Rehman has been granted bail by the trial Court.
11. ' In this view of the matter, the accused is granted bail in the sum of Rs,2,00,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.