UBEDULLAH vs THE STATE
The present application is seeking post-arrest bail on the ground of statutory delay in Crime No. 67 of 1998 registered under sections 302, 324, 435, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Sijawal, District Larkana. The core legal question concerns whether the accused is entitled to bail due to the prolonged incarceration of over two years without the framing of a charge, where no delay is attributable to the applicant. The Sindh High Court held that the applicant successfully made out a prima facie case for the grant of bail on the ground of statutory delay, noting that the trial court failed to frame charges or procure the attendance of absconders. The court laid down the principle that an accused person who suffers prolonged incarceration exceeding two years awaiting the commencement of the trial through no fault of their own is entitled to the concession of bail.
- Is an accused entitled to post-arrest bail on the ground of statutory delay when incarcerated for over two years without a charge being framed?
- Whether absence of delay attributable to the accused in the trial proceedings supports the grant of bail for prolonged detention?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 435, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
1. ' Present applicant is seeking bail in Crime No,67 of 1998 under sections 302, 324, 435, 148 and 149, P.P.C. Registered with Police Station, Sijawal District Larkana.
2. ' The present bail application is being moved on the ground of statutory delay. Learned counsel for applicant has submitted that the present applicant was arrested on 13-12-1998 since then he is behind the bars and so far the charge has not been framed by the trial Court. He has also placed the case diary in support of his contention. Mr. Nisar Ahmad G. Abro has also placed reliance on the case of Muhammad Yousaf v. The State 2000 SCM R 79-80, wherein the Honourable Supreme Court has granted bail on the ground of statutory delay to the accused whose act was condemnable and was charged with two murders and yet the bail has been granted to the accused on the ground of statutory delay. The law cited by the learned counsel for the applicant is applicable in the instant case. On the other hand Gul Hassan Solangi learned State counsel has very frankly recorded no objection after taking into consideration the authority of Honourable Supreme Court.
3. We have examined the case diary and the material available on the record. Admittedly so far the charge has not been framed and no delay has been attributed to the present applicant towards the trial. We have also noticed that no efforts have been taken by the trial Court to procure the attendance of the absconders accused under the STA Act as provided under section 5 of the said Act. Accordingly, the present applicant who has been arrested on 13-12-1998 has completed two years and has been able to make out good prima facie case for grant of bail on the ground of statutory delay. Accordingly, applicant namely Ubedullah Jatoi is granted bail subject to furnishing surety in the sum of Rs,2,00,000 and P.R. Bond ,in the like amount to the satisfaction of trial Court.
Cited by 2 cases
- MUEEN AFTAB SHAIKH vs THE STATE through FIA KARACHI 2012 PLD Sindh 261
- NABIDAD and 2 others vs THE STATE 2012 MLD 593