Muhammad Azeem vs The State and others

ORDER

MANZOOR AHMAD MALIK, J.---Petitioner seeks leave to appeal against the order dated 15.11.2019, whereby bail was refused to him by the learned Lahore High Court, Lahore in case FIR No. 374 dated 26.06.2018, offence under sections 324, 337D, 337-F(i), 337-A(i), 148, 149, P.P.C., registered at Police Station Farid Town, District Sahiwal.

2. After hearing the learned counsel for the parties at length and perusal of available record, it has been observed by us that as per contents of FIR, the petitioner is accused of causing a firearm injury on the person of Muhammad Farooq. He was taken into custody on 15.09.2018. First charge was framed against him alone on 13.11.2018.

Thereafter , an application was submitted by the complainant side for summoning another person as accused, which was allowed on 30.05.2019, formal charge was framed against the petitioner and his co-accused on 13.11.2019 and proceedings commenced, meaning thereby that when second charge was framed, the petitioner's case for bail on statutory ground had already matured. With the assistance of learned counsel for the parties, we have perused some of the orders of the learned trial court, which are available on file and have found that on certain occasions non-bailable warrants of arrest of witnesses were issued. In these circumstances, the petitioner has made out a case for his release on bail on statutory ground i.e. non-conc lusion of trial within the period specified under section 497, Code of Criminal Procedure, as from the circumsta nces of the case, he cannot be solely held responsible for delay in the conclusion of trial, nor is he a desperate or hardened criminal; nor an accused of terrorism and has no record of previous conviction.

3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed.

Appellant Muhammad Azeem is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.100,000/- (Rupees one hundred thousand) with one surety in the like amount to the satisfaction of the learned trial court.

4. Since trial has already commenced, therefore, learned trial court seized of the matter is directed to expedite the proceedings of trial and ensure its conclusion in the shortest possible time, in accordance with law. If the appellant misuses the concession of bail or any delay in the conclusion of trial is caused by him or anyone else acting on his behalf, the learned trial court shall be competent to recall the bail granted to him, of course, after hearing the parties, strictly in accordance with law .