MUHAMMAD QASIM Versus State Kashif Javed Chaudhry , Rana Sohail Iqbal Khan
This petition concerns a request for post-arrest bail by the petitioner, who was charged under sections 9(c) and 15 of the Control of Narcotic Substances Act, 1997. The core legal question was whether the petitioner, having been incarcerated for over two years without significant progress in the trial, was entitled to bail due to the violation of his right to a speedy trial. The Lahore High Court held that the petitioner should be admitted to bail. The Court observed that the delay in the trial was not attributable to the accused, as the prosecution had failed to produce the case property, and noted that the petitioner had been detained for an excessive period without trial. Establishing the key principle, the Court affirmed that the right to life and liberty, guaranteed under Article 9 of the Constitution of Pakistan 1973, encompasses the right to a speedy trial. Consequently, indefinite detention without trial is unconstitutional, and prolonged incarceration without tangible progress in proceedings constitutes sufficient grounds for granting bail.
- Does the fundamental right to life and liberty under Article 9 of the Constitution of Pakistan 1973 include the right to a speedy trial?
- Can an accused be granted bail if they have been incarcerated for an extended period without significant progress in the trial?
- Is the failure of the prosecution to produce case property a valid ground for granting bail due to trial delay?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 15, Control of Narcotic Substances Act 1997
- Article 9, Constitution of Pakistan 1973
ORDER
Through this petition, the petitioner seeks post-arrest bail in case F. I.R. No. 6 of 2005, dated 16-10-2005 for offence under sections 9(c)/15 Control of `Narcotic Substances Act, 1997, registered at Police Station ANF, Faisalabad.
2. The learned counsel for the petitioner has contended that the petitioner is behind bars since 16-5-2005 and despite a lapse of more than two years not a single witness has been examined by the learned trial Court.
3. On 18-10-2007, report was invited from the learned trial Court about the position of the trial which has been received. According to the report, on 22-10-2007 the case was fixed for recording of the prosecution evidence but on account of non-availability of the entire case property, the learned defence counsel requested for an adjournment. The case is now fixed for recording of prosecution evidence on 6-12-2007.
4. From the report it is evident that on the last date of hearing the case was adjourned for no fault of the accused as the prosecution had failed to produce entire case property in the trial Court. Although, the offence committed by the petitioner is grave in nature but the fact remains that he is behind the bars for the last more than two years and there is no tangible progress in the trial. It is a right of every accused to insist for speedy trial. Right to life and liberty is a fundamental right guaranteed to a citizen under Article 9 of the Constitution. The said fundamental right includes the petitioner's right to a speedy trial. A person cannot be detained in Jail for an indefinite period without a trial as it would be an exercise contrary to the Constitution and law. In an offshoot of the instant case (Criminal Miscellaneous No. 6232-B of 2007 titled Khurram Zeeshan v. The State), the co-accused was allowed bail by a Division Bench of this Court comprising of our learned brothers Khawaja Muhammad Sharif and Asif Saeed Khan Khosa, JJ, on the ground of delay in trial. Further, the Hon'ble Supreme. Court of Pakistan in the case of Gull Zaman v. The State (1999 SCMR 1271) has allowed bail to the accused who was behind the bars for about a year and a half. Therefore, while keeping in line with the order of the learned Division Bench and relying on the judgment of the Hon'ble Supreme Court of Pakistan referred to above, we admit the petitioner to bail subject to his furnishing bail bond in the sum of Rs.2,00,000 with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court.
N.H.Q./M-520/L Bail allowed.