Jawed Hussain vs The State
This criminal matter arises from an application under Section 497 of the Code of Criminal Procedure 1898 seeking post-arrest bail for the applicant, who is facing trial for offences under Sections 489-F and 506 of the Pakistan Penal Code 1860 relating to a dishonoured cheque exceeding five crore rupees. The core legal question is whether the recording of the complainant's evidence and the passage of a protracted trial period constitute fresh grounds for granting post-arrest bail after a prior bail application on merits was dismissed. The Sindh High Court held that the mere recording of the complainant's evidence does not constitute a fresh ground to justify bail, particularly when the trial is at the verge of final disposal and merits have already been determined against the applicant. The court laid down the principle that recording of the complainant's evidence in a fast-approaching conclusion of trial does not furnish fresh statutory grounds for bail when earlier bail pleas have been dismissed on merits.
- Does the recording of the complainant's evidence constitute a fresh ground for granting post-arrest bail?
- Whether an accused is entitled to bail solely on the ground of suffering the agony of a protracted trial nearing its final disposal?
- Can a successive bail application be maintained on merits after the dismissal of a previous bail application by the High Court?
- Section 489-F, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
IRSHAD ALI SHAH, J: - The applicant is facing trial before learned trial court for offence punishable under Section 489-F & 506 PPC for having issued cheque for more than five crore of rupees in favour of complainant Abid Hussain dishonestly , which was bounced by the concerned bank when was presented there for encashment.
2. The application moved by the applicant for his release on bail was dismissed even by this Court vide order dated 4.3.2019 passed in (Cr. B.A. No. S- 1194 of 2018 titled as Javed Hussain v. The State) with direction to learned trial court to record evidence of the complainant within one month with liberty to the applicant to repeat his bail application on fresh ground.
3. After recording evidence of the complainant, fresh application was moved by the applicant for his release on bail.
It was dismissed again by learned trial court and such dismissal of the bail application of the applicant was maintained by learned IXth Additional Sessions Judge, Hyderabad.
4. The applicant has again come before this Court with the instant application under Section 497 Cr.P.C for his release on bail.
5. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant, the evidence of the complainant is not enough to base conviction against the applicant as such according to him the applicant is entitled to be released on bail as he has already suffered agony of protracted trial for about nine months.
6. Learned A.P.G. for the State has oppo sed to grant of bail to the applicant by contending that the applicant is habitual of fender and the very case against him is at the verge of its final disposal.
7. By making rebuttal to above contention, it was stated by learned counsel for the applicant that the criminal record of the applicant is not enough to disentitle him to be released on bail.
8. I have considered the above arguments and perused the record.
9. Admittedly , the applicant has been refused bail by this Court on merits. The recording of evidence of the complainant could hardly be said to be a fresh ground which may justify admitting the applicant to bail. It would be unjustified to make comments upon the evidence of the complainant by this Court only to make out a case for grant of bail to the applicant when the very case as per learned APG for the State is at the verge of its final disposal. No case for grant of bail to the applicant is made out. Consequently, the instant application is dismissed.
10. Based upon above discussion, the instant bail application is dismissed.