Syed KAMRAN and another vs THE STATE
This matter concerns a bail application filed before the Sindh High Court, wherein the applicants sought relief in a pending criminal case. The core legal question addressed was whether the High Court could issue specific directions to the Trial Court to expedite the conclusion of proceedings, given the delay caused by a vacancy in the judicial office. The Court observed that eight prosecution witnesses had already been examined, with five remaining. Holding that the request for an expedited trial was reasonable, the Court directed the District and Sessions Judge, Karachi East, to ensure that once the vacancy in the Court of the I-Additional Sessions Judge is filled, the trial should proceed on a day-to-day basis. The Court mandated that the trial be concluded preferably within three months of the vacancy being filled, excluding any adjournments requested by the defense. The key principle laid down is that while the High Court may issue time-bound directions for the disposal of a trial to ensure the ends of justice, such timelines must account for administrative realities and defense-requested delays, with the liberty to re-approach the court if the deadline is not met.
- Can the High Court issue directions to a Trial Court to conclude a criminal case within a specific timeframe?
- Should adjournments requested by the defense be excluded from a court-mandated deadline for trial completion?
- What remedy is available to an accused if a trial is not concluded within the timeframe directed by the High Court?
ORDER
1. ' MUHAMMAD ATHAR SAEED, J.---After hearing the arguments of the learned counsel at some length, the learned counsel for the applications submits that he will be satisfied if the directions are issued to the Trial Court to complete hearing of the case and dispose of the same within a period of two months after the vacancy in the Court has been filled in. It is excepted that the vacancies will be filled in as soon as the steps are being taken to induct new Additional Sessions Judges.
2. Since eight witnesses have already been examined and five more are required to be examined, the request appears to be reasonable. However, the period for the finalization of the case appears to be short. Therefore, to meet the ends of justice, directions are issued to District and Sessions Judge, Karachi East to ensure that as soon as the vacancy in the Court of I-Additional Sessions Judge, Karachi East is filled in, he be directed to conduct the case on day to day basis and dispose of the case preferably within a period of three months from the date of filling of such vacancy. However, if any adjournment is sought by the Defence, such period will not be included in the period of three months. If the case is not finalized within above period the applicants will be at liberty to file fresh bail applications. This bail application is disposed of in the above manner.