REHMATULLAH vs THE STATE and another

ORDER

' MIAN HAMID FAROOQ, J.---Petitioner seeks leave to appeal against the order dated 19-3-2009, whereby learned Lahore High Court, Lahore accepted respondents' application (Criminal Miscellaneous No,11774-BC of 2008) and cancelled the bail granted to the petitioner by learned Additional. Sessions Judge, Khushab in a case registered vide F.I.R. No, 524 of 2008 for the offences under sections 302/34, P.P.C.

2. Learned counsel has reiterated the contentions noted in the order dated 6-4-2009, passed by this court. Learned counsel for the respondents, while relying upon Muhammad Hanif v. Shafqat Nazir and others (2007 SCM R 1857) and Mst. Qudrat Bibi v. Muhammad Iqbal and another (2003 SCM R 68), supported the order of the learned High Court and stated that bail granted to the petitioner was rightly cancelled by the learned High Court as specific shot was tired by him and there was sufficient evidence to connect the petitioner with the commission of offence. Learned A.P.-G. Has submitted that the trial is in progress and one or two witnesses are remained to be examined.

3. Heard. The petitioner was granted bail on 21-11-200$, which was cancelled by the learned High Court on 19-3-2009, when according to the order itself the trial was at the verge of conclusion.

Learned Additional Prosecutor-General stated that now only one or two witnesses are yet to be recorded. The courts should not grant or cancel bail when the trial is in progress and proper course for the courts in such a situation would be to direct the learned trial Court to conclude the trial of the case within a specified period. Reference may be made to Haji Mian Abdul Rafique v. Riaz ud Din and another (2008 SCM R 1206). We find that the impugned order was passed in violation of the law, therefore, we cannot subscribe to it. In view whereof, we are persuaded to allow this petition and direct the learned trial Court to conclude the trial of the case expeditiously.

4. For the foregoing reasons, present petition is converted into appeal, allowed and bail granting order dated 6-4-2009, passed by this court, is confirmed. However, learned trial Court is directed to conclude the trial of the case within a period of two months from the date of receipt of copy of this order.