Shahid Shafiq Alam Faridi and another vs Federation of Pakistan, etc
This matter concerns petitions for leave to appeal against a Lahore High Court order refusing post-arrest bail to the petitioners in a National Accountability Bureau reference. The core legal question was whether the petitioners were entitled to post-arrest bail on the grounds of unconscionable delay in the conclusion of their trial, particularly when a co-accused with a shorter period of incarceration had already been granted bail by the Supreme Court. The Supreme Court allowed the appeals and admitted the petitioners to bail. The Court held that keeping the petitioners incarcerated, when a co-accused had been granted bail for unconscionable delay and the trial proceedings were significantly delayed without the petitioners being solely responsible, would be unjust. The Court applied the principle of consistency, noting that the delay in the trial, with seventy-five prosecution witnesses still to be examined, rendered continued incarceration unconscionable. Consequently, the Court granted post-arrest bail, subject to the furnishing of bail bonds, while emphasizing that the petitioners could not leave the country without the trial court's permission.
- Does the principle of consistency require the grant of bail to an accused when a co-accused has been granted bail on the ground of unconscionable delay?
- Can prolonged incarceration of an accused in a National Accountability Bureau reference constitute grounds for the grant of post-arrest bail?
- Is the grant of bail appropriate when the responsibility for trial delay cannot be entirely attributed to the accused?
- Section 18(g), National Accountability Ordinance 1999
- Section 24(b), National Accountability Ordinance 1999
ORDER
YAHYA AFRIDI, J.---- Through these petitions, Shahid Shafiq Alam Faridi and Ahad Khan Cheema (the petitioners) have sought leave to appeal against the order dated 13.04.2020 passed b) a learned Division Bench or the Lahore High Court. Lahore in Writ Petitions No. 35056 of 2019 and 11006 of 2020, whereb y post-arrest bail was refused to them in Reference No. 50 of 2018 ("Reference ") filed by the National Accountability Bureau ("NAB ") before the Accountability Court V, Lahore ("Accountability Court ") under section 18(g) read with section 24(b) of the National Accountability Ordinance, 1999 (" Ordinance ").
2. Arguments of the worthy counsel for the parties have been heard and record perused.
3. Lest this Court passes any finding on the role of the petitioners in the crime, which may prejudice the case of the parties during the on-going trial before the Accountability Court, suffice it to state that a co-accused in the Reference, namely Bilal Kidwai who was behind bars for a much shorter period than the petitioners, has been granted bail by this Court, on the groun d of "his prolonged and continued incarceration of the petitioner to be unconscionable" . We are informed that since the said decision of this Court, and strict directions of the Lahore High Court to conclude the trial expeditiously , only three more prosecution witnesses have recorded their statements, and seventy-five witnesses still remain to be produced to record their evidence. Moreover , we have also examined the order-sheets of the Court proceedings before the Accountability Court, and note that the responsibility of the delay in the trial, proceedings, cannot be entirely saddled upon the petitioners. This being so, to keep the petitioners incarcerated in the present case, when a co-accused in the Reference having remained behind bars for a much shorter period had been granted bail on the ground of "unconscionable delay", would not only be legally inappropriate, but would in fact be outrightly unjust. Thus, following the principle of consistency , we1 find that a case for the grant of post-arrest bail is made out in favour of the petitioners, on the ground of "unconscionable delay" as elaborately explained by this Court in Tallat Ishaq's case .
4. For the reasons stated, hereinabove, these petitions are converted into appeals and the same are allowed and consequently Shahid Shafiq Alam Faridi and Ahad Khan Cheema, the petitioners are admitted to bail in Reference No. 50 of 2018 subject to furnishing bail {{Foot Note}} 1 Civil Petition No. 3473 of 2018 dated 03.12.2019.
2 Tallat lshag vs. National Accountability Bureau through its Chairman, etc. ( PLD 2019 SC 1 12) {{Foot Note}} bond in the sum of Rs. 1,000,000/- (Rupees one million only) with two sureties each in the like amount to the satisfaction of the trial Court/Accountability Court V, Lahore. It is made clear that the petitioners shall not leave the country or be allowed to leave the country without permission of the trial Court.