Mohammad Akbar Mengal vs The State
This is a post-conviction bail application filed before the Sindh High Court by the applicant, Mohammad Akbar Mengal, who was charged and initially convicted for possessing 10 kilograms of Charas under Section 497 of the Code of Criminal Procedure 1898. Although his conviction was earlier set aside in appeal for a retrial or remand to bring the FIR author on record due to a technical defect, the trial is now near its conclusion. The core legal question is whether the accused is entitled to post-arrest bail pending the conclusion of proceedings following an appellate remand. The High Court held that the remand to cure a procedural or technical defect does not affect the merits of the prosecution case, and long incarceration alone is insufficient for bail when the trial is at its final stage. The bail application was consequently dismissed with a directive to the trial court to conclude the proceedings within one month.
- Whether an accused whose conviction is set aside and remanded for a technical procedural correction is entitled to post-arrest bail?
- Does prolonged incarceration alone constitute sufficient ground for granting bail when the retrial is near its conclusion?
- Do observations made during a bail hearing affect the merits of the case at the subsequent trial?
- Section 497, Code of Criminal Procedure 1898
ORDER
IRSHAD ALI SHAH, J. The facts in brief necessary for disposal of instant bail application are that the applicant was found to be in possession of 10 K.Gs of the Charas, for that he was booked and challaned by the police. After full dress trial, he was convicted and sentenced by learned trial Court vide his judgmen t dated 03.07.2018. On appeal, it was set aside by this Court with direction to learned trial Court that FIR of the incident to be brought on record through its author . In the meanwhile, the applicant sought for his release on bail, pending disposal of his case, it was declined by learned trial Court and now he has approached this Court for his release on bail by way of instant application under section 497 Cr .PC.
2. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police; the evidence which the prosecution has produced before learned trial Court is inconsistent and the applicant is in custody for about four years, therefore, according to him the applicant is entitled to be released on bail, on point of further inquiry .
3. Learned D.P.G. for the State has opposed to grant of bail to the applicant by contending that the applicant has been found to be guilty of the offence for which he has been charged; no further inquiry into guilt of the applicant is to be conducted and his case has been remanded only to cure a technical defect. By contending so, he sought for dismissal of the instant bail application, as the very case according to him is at the verge of its conclusion.
4. I have considered the above arguments and perused the record.
5. As per prosecution, the applicant was found to be in possession of 10 K.Gs of the Charas and such allegation the prosecution has been able to prove against the applicant by producing cogent evidence, based upon such evidence, the applicant was convicted and sentenced accordingly by learned trial Court. On appeal, such conviction has been set aside by this Court with direction to learned trial Court to bring on record the FIR of the incident through its author , such finding of this Court is hardly affecting the merits of the case. The applicant may be in custody for about four years but it may hardly be a reason to enlarge him on bail in case like the present one, when the very case is said to be at the verge of its conclusion.
6. Consequently , the instant bail applicat ion is dismissed with direction to learned trial Court to conclude the trial against the applicant within one month, after receipt of copy of this order .
7. Needless to say that the observations recorded above are tentative in nature and it may not affect the case of the applicant or State at trial.