JEHANGEER vs THE STATE
This bail application concerns an accused person seeking post-arrest bail in a criminal case involving a heinous offence. The core legal questions were whether the unexplained five-month delay in lodging the First Information Report (F.I.R.), the absence of supporting medical evidence, and the prolonged incarceration of the accused for three years without the conclusion of the trial constituted sufficient grounds for the grant of bail. The Sindh High Court held that the accused was entitled to bail, emphasizing that the right to an expeditious trial is a fundamental right of an accused person. The court observed that the prosecution's case was weakened by the lack of medical evidence, the delay in reporting, and the fact that most prosecution witnesses had not supported the case. Consequently, the court granted bail, ruling that the denial of a speedy trial entitles an accused to the concession of bail, regardless of the nature of the offence charged.
- Does an unexplained five-month delay in lodging an F.I.R. constitute a ground for the grant of bail?
- Is an accused entitled to bail if the trial has not concluded after three years of incarceration?
- Does the right to an expeditious trial entitle an accused to bail even if charged with a heinous offence?
ORDER
1. BHAJANDAS TEJWANI, J.--The bail plea is being pressed on the ground that there is delay of five months in lodging of the F.I.R. which has not been. properly explained and there is no medical evidence available on the record. The applicant is in jail since three years and the trial has not concluded and that including the complainant five prosecution witnesses have been examined from whom only the complainant Dolal has supported the case to the extent of hearsay evidence from the victim, while other prosecution witnesses have not-supported the case of the prosecution.
2. ' Learned A.P.-G. for the. State concedes to the above factual position but opposes for the grant of bail on the ground that.the applicant is charged with heinous offence.
3. Admittedly there is delay of five months in lodging of the F.I.R. and opinion of Medical Officer is in negative. The applicant is in jail since about three years and trial has not been concluded. The expeditious trial of the case is a right of accused and in case such right is denied the accused will be entitled to be considered for concession of bail.
4. ' Accordingly, this bail plea is accepted. The applicant shall be released subject to his furnishing surety in the sum of Rs, 200,000 (Rupees Two Hundred Thousand) and P.R. Bond in, the like amount to the satisfaction of the trial. Court.
5. ' The bail application is disposed of accordingly.