Gul Hassan and another vs State
This criminal bail application arises from a case registered against the applicants for allegedly forming an unlawful assembly and assaulting the complainant and a prosecution witness with the intent to commit murder, alongside acts of humiliation. The applicants sought post-arrest bail from the High Court after their previous application was dismissed by the trial court. The core legal question was whether the applicants were entitled to bail on the grounds of hardship due to the trial court's failure to conclude the proceedings within the three-month timeframe previously directed by the High Court. The Court dismissed the application, holding that the delay in trial was attributable to the applicants' own requests for adjournments to pursue a compromise. Furthermore, the Court clarified that a failure to conclude a trial within a specified period does not automatically entitle an accused to bail as a matter of right. Relying on established precedent, the Court affirmed that non-compliance with directions for expeditious trial disposal does not constitute a valid ground for the grant of bail, particularly when the delay is not solely attributable to the prosecution or the court.
- Does the failure of a trial court to conclude a trial within a time-bound direction from the High Court automatically entitle an accused to bail?
- Can an accused claim bail on the ground of hardship when the delay in trial is caused by their own requests for adjournments?
- Is non-compliance with a High Court direction to conclude a trial within a specified time a valid ground for the grant of bail?
- Section 497, Code of Criminal Procedure 1898
ORDER
The applicants allegedly with rest of the culprits after having formed an unlawful assembly and in prosecution of the common object not only caused kicks, fists, lathies and hatchet blows to complainant Sher Muhammad and PW Amanullah with intention to commit their murder but also insulted them by blackening their faces, for that the present case was registered.
2. On having been refused bail by learned 1st Additional Sessions Judge/MCTC Ghotki, the applicants have sought the same from this Court by way of instant application u/S. 497, Cr .P.C.
3. It is contended by learned counsel for the applicants that the learned trial Court has not been able to conclude the trial against the applicants within three months despite clear direction of this Court therefore; the applicants according to him are entitled to be released on bail on point of further inquiry and hardship.
4. Learned DPG for the State and learned counsel for the complainant have sought for dismissal of the instant bail application by contending that the case against the applicants is at the verge of its' final disposal.
5. I have considered the above arguments and perused the record.
6. The applicants admittedly have been refused bail by this Court with direction to learned trial Court to conclude the trial against them within three months. As per progress report of learned trial Court learned counsel for the applicants is seeking adjournment for the reason that the parties are going to have a compromise. In that situation, applicants could not claim their release on bail on point of hardship. Even otherwise there was nothing in the order of this Court which may suggest that if the case against the applicants is not concluded within the stipulated time then the applicants to be admitted to bail as a matter of right.
7. In case of Nisar Ahmad vs. The State and others (PLD 2016 SC11), it has been held by Hon'ble Apex Court that: "Bail, grant of--Grounds--Non-compliance of the directions issued by the High Court (to the trial Court) to conclude the trial expeditiously or within specified time--Non-compliance with such direction could not be considered a valid ground to grant of bail to the accused- -Petition for leave to appeal was dismissed accordingly and bail was refused."
8. In view of facts and reasons discussed above, it could be concluded safely that no case for grant of bail to the applicants is made-out. Consequently , the instant bail application is dismissed.