GHULAM HUSSAIN and 2 others vs THE STATE
This matter concerns a bail application filed by three co-accused persons seeking post-arrest bail in a criminal case. The primary legal question addressed was whether the applicants were entitled to bail based on the specific allegations and their nomination in the First Information Report. Regarding the first applicant, Ghulam Hussain, the court noted that he was not nominated in the First Information Report and no specific role was assigned to him; consequently, with the consent of the Assistant Prosecutor-General, the court granted him bail subject to furnishing solvent surety. Regarding the remaining two applicants, Hussain Bux and Abdul Wahab alias Ali Ahmed, the court found no case for bail was made out, and their counsel did not press the application. However, the court directed the trial court to conclude the proceedings within three months, given the volume of witnesses, with a provision for the trial court to refer the matter back to the High Court if the deadline is not met.
- Can an accused person be granted bail if they were not nominated in the First Information Report and no specific role was assigned to them?
- Does the court have the authority to set a specific timeframe for the conclusion of a trial in a criminal case?
- What is the procedure if a trial court fails to conclude a trial within the timeframe directed by the High Court?
ORDER
1. MUHAMMAD TASNIM, J.---After hearing the bail application at some length, learned counsel for the applicants has stated that applicant Ghulam Hussain was not nominated in the F.I.R., hence he may be enlarged on bail, as no role has been assigned to him.
2. ' Learned A.P.-G. has no objection if applicant Ghulam Hussain is admitted to bail.
3. ' In the circumstances, by consent applicant Ghulam Hussain is admitted to bail on his furnishing solvent surety in the sum of Rs,100,000 (one lac) with PR bond in the like amount to the satisfaction of trial Court.
4. ' With regard to bail of applicants Hussain Bux and Abdul Wahab alias Ali Ahmed, no case for grant of bail has been made out. Even otherwise, learned counsel for the applicants does not press bail - for applicants Hussain Bux and Abdul Wahab alias Ali Ahmed. However, he prays that learned trial Court may be directed to conclude the trial at the earliest preferably within two months.
5. ' Learned A.P.-G. says that since there are number of witnesses, two months' time shall not be sufficient ' Accordingly, with the consent of the parties, three months' time is granted to the trial Court to conclude the trial in the matter and pass judgment. If the trial is not concluded in the above mentioned time, reference be made to this court by the trial Court.
6. ' Bail application stands disposed of accordingly.