MAHAR ALI SHAHI vs THE STATE

ORDER

1. ' MRS. QAISER IQBAL, J.--- Applicant Mehar Ali Shahi son of Ghulam Hyder Shahi has applied for bail in Crime No,26 of 2005, registered at Police Station, Daur under sections 302, 324, 504 and 34, P . P .

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3. ' It is alleged by the complainant Muhammad Rafique that on a petty dispute with his brother Rustam Ali, applicant and co-accused made commotion to take the revenge, the applicant and co-accused being police officials duly armed deadly weapons, on 7-6-2005 during the night hours found that Rustam Ali was sitting on the road side near the Otaq, they abused him and to take the revenge of earlier incident, applicant opened fire from his Government SMG rifle, consequently, victim received injury, latter succumbed to the injuries, he was shifted to Peoples Medical College, Nawabshah for medical treatment. On the basis of above, the applicant was arrested on 8-6-2005 connected with the commission of the crime. Co-accused PC Mushtaq Rind and A.S.-I. Abdul Hafeez were admitted to bail by the trial Court, while the bail to the applicant was declined.

4. ' Mr. Ishrat Ali Lohar, learned counsel for the applicant has contended that in the first round of investigation, P.Ws. Muhammad Ali and Nadeem had implicated the applicant in the commission of the crime, the second investigation was conducted by Investigating Officer Abdul Jabbar Bijarani, D.S.P.-II, Sakrand wherein P.Ws. Jam Zardari, Shoukat Ali, Abdul Sattar and Qalandar Bux in their statements under section 164, Cr.P.C. Had given altogether a different version regarding the fight between the applicant and Sahita community, therefore, the case against applicant requires further inquiry in view of the statements of prosecution witnesses recorded under section 164, Cr.P.C. On 7-6-2006. It is next urged that the applicant is confined in jail for a period of two and half years without trial. So much so that the trial Court has not framed the charge, therefore, it is real case of hardship on account of inordinate delay, which can be attributed to defence. In support of the above contention, reliance is placed in the case of Abdul Hameed and 2 others v. State 2003 M LD 19. The dictum laid down is that "expeditious and fair trial is a fundamental right of an accused person. The intention of law is that a criminal case must be disposed of without unnecessary delay.

5. It will not be difficult to comprehend that inordinate delay in imparting justice was likely to cause erosion of public confidence in the judicial system on one hand, and on the other hand it was bound to create a sense of helplessness and despair and feelings of frustration and anguish apart from adding to their woes and miseries. Relying on a case of Agha Nazar Ali v. Emperor AIR 1941 Sindh 186, it was observed that the law contemplates is due diligence and impartially in the prosecution of criminal cases. It is not the law that the criminal case should linger long".

6. Learned counsel appearing for the State has supported the contention of applicant's counsel on the ground of hardship and delay in commencement of the trial except relying upon the case relied by the learned counsel for the applicant on account of inordinate delay of two and half years in commencement of the trial.

7. ' My conclusion in the peculiar circumstances would be that it is a fit case for indulgence as administered.

8. ' In view of the above circumstances, applicant Mehar Ali Shahi is hereby admitted to bail, subject to furnishing solvent surety in the sum of Rs,one hundred thousand and P.R. Bond in the like amount, to the satisfaction of learned trial Court.