BABAR HUSSAIN vs The STATE and others
This is a criminal petition for leave to appeal arising from a bail matter before the Supreme Court of Pakistan. The core legal question was whether an accused person is entitled to the concession of bail on statutory grounds under the Code of Criminal Procedure when the trial is delayed beyond two years, and whether the conduct of the accused in seeking adjournments can be considered in determining such entitlement. The Supreme Court held that even after the lapse of two years, the conduct of the accused seeking adjournments can be taken note of, and bail can be denied on statutory grounds if the delay is attributable to the accused or their counsel. The Court laid down the principle that bail on statutory grounds after the expiry of the prescribed period is not an absolute right where the accused's conduct, such as seeking adjournments or failing to cross-examine witnesses, contributes to the delay of the trial. Consequently, the petition was dismissed and leave to appeal was refused.
- Is an accused entitled to bail on statutory grounds as a matter of right after the lapse of two years if adjournments were sought by the defence?
- Can the conduct of an accused person in delaying the trial be taken note of while deciding a bail application on statutory grounds?
- Does the failure to cross-examine prosecution witnesses due to the absence of defence counsel affect the right to statutory bail?
ORDER
' AMIR HANI MUSLIM, J.---The learned Counsel for the Petitioner has contended that no effective measures have been taken by the trial Court till two years and the Petitioner, in law, was entitled to the concession of bail on statutory ground. He submits that the incident took place on 09.08.2013 and the accused was arrested on 19.08.2013 whereas the challan was submitted on 21.09.2013 and charge was framed on 21.12.2013. According to the learned Counsel from 21.12.2013 till 8.10.2015, neither any prosecution witness was examined nor any Application for adjournment was made by the Petitioner. He submits that from the date of framing of charge till 8.10.2015, the period of two years provided under the statute has elapsed, therefore, the Petitioner was entitled to bail on statutory grounds and subsequent conduct of the Petitioner cannot be taken note of while deciding the bail Application of the accused on statutory ground.
2. As against this, the learned Counsel for the Complainant states that adjournments were sought by the Counsel representing the Petitioner four times and the Petitioner engaged a defence Counsel for the first time on 3.12.2015, which fact is disputed by the learned Counsel for the Petitioner. According to the Complainant's Counsel, witnesses were present at times and adjournments were sought by the Petitioner's Counsel and on 19.12.2015, two eye-witnesses were examined but they could not be cross-examined on the ground that the Counsel for the Petitioner was not available and the matter was adjourned.
3. The learned Law Officer has supported the impugned order.
4. We have heard the parties Counsel as well as the learned Law Officer and have perused the record. We are of the considered view that even after lapse of two years, the conduct of an accused seeking adjournments can be taken note of and bail can be denied by a Court even on the statutory ground. We have noticed that adjournments were sought and even the cross- examination of the eye-witnesses was not conducted by the Petitioner's Counsel, for which no plausible explanation has been offered. In these specific circumstances, we do not find the Petitioner to be entitled to the concession of bail on statutory ground as a matter of right.
5. This Petition being misconceived is dismissed accordingly. Leave refused.
Cited by 13 cases
- Kifayat Ullah Khan vs Waheed UIIah, etc 2025 PHC 204
- Irshad Ahmed vs The State 2023 MLD 390
- Sajjad Ahmad vs State and another PLJ 2021 Cr.C. (Lahore) 531
- Nazir Ahmed vs The State 2021 YLR 1309
- JOHAR HUSSAIN Versus State 2021 PCrLJN 36
- MUHAMMAD AACHAR Versus State 2020 YLRN 49
- LAL BUX Versus State 2022 YLRN 158
- ASGHAR ALI Versus State 2019 YLRN 36
- NAEEM PERVAIZ alias BABOO Versus State 2020 PCrLJN 41
- Zardullah Khan vs THE STATE 2018 SHC 607
- ZARDULLAH KHAN Versus State 2018 YLR 1496
- Mst. ROBINA BIBI Versus State 2018 YLRN 57
- IMTIAZ ALI KHOKHAR alias TAJI KHOKHAR vs The STATE and another 2017 MLD 1311