RAHIB HUSSAIN Versus State
This criminal bail application arises out of Crime No.47 of 1999 registered at Police Station Airport Jacobabad under sections 302, 114, and 34 of the Pakistan Penal Code 1860 and section 13(d) of the Arms Ordinance, where the applicant Rahib Hussain sought post-arrest bail. The core legal question was whether the applicant was entitled to bail on the ground of undue delay and hardship in the conclusion of the trial, given that he had been in custody for about five years without fault on his part, despite earlier directions by the High Court to expedite the trial. The court held that the prolonged detention amounting to delay in trial not attributable to the applicant warranted the grant of bail on the ground of hardship. The key principle laid down is that where a trial is unreasonably delayed without fault of the accused, the resulting hardship entitles the accused to the concession of post-arrest bail.
- Whether an accused is entitled to post-arrest bail on the ground of hardship due to prolonged delay in the conclusion of the trial?
- Does delay in the trial not attributable to the applicant serve as a valid ground for granting bail?
- Can bail be granted on the ground of statutory delay when earlier directions by the High Court to expedite the trial have not been complied with?
- Section 302, Pakistan Penal Code 1860
- Section 114, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 13(d), Arms Ordinance 1965
ORDER
1. Perused the office note.
2. Dismissed as infructuous .
3. Granted subjected to all just exceptions.
4. By this order I intend to dispose of criminal bail application of applicant Rahib Hussain , facing trial in Crime No.47 of 1999, Police Station Airport Jacobabad , for offences under sections 302, 114, read with section 34, P.P.C. and 13(d), Arms Ordinance. The bail plea of the applicant was declined by learned 2nd Additional Sessions Judge, Jacobabad .
The brief facts as unfolded in the F.I.R. are that the complainant along with his brother Ali Sher and P.W. Panhwar and Allahdino came to Jacobabad with some work and after finishing the same while they were returning to their village and when they reached near Primary School Special Force, Jacobabad , at about 14-15 hours accused Rahib , Achar and Dhani Bux emerged and on the instigation of accused Dhani Bux accused Rahib and Achar fired from their respective pistols at complainant party, who tried to save themselves but the fire of accused Rahib hit Ali Sher who fell down and died. It is further alleged in F.I.R. that two persons namely Mehboob Ali and Abdul Sami along with a baby were passing by that time and were crossing near the place of incident, and when they were advised by accused party to commit murder but accused Rahib fired at them to kill their baby namely Akhtiar . Complainant leaving P.Ws . named above over the dead bodies and reported incident to police.
I have heard learned counsel for the respective parties and perused the record.
It has been contended by the learned counsel for the applicant that the case against his client is false, who has been involved on the background of enmity and suspicion. He further submitted that this Court had issued directions to take efforts to conclude the trial within six months after receipt of this order, but the trial Court has only examined one Mashir H.C. Ali Hassan , and the trial Court has failed to conclude the trial within stipulated period. He further submitted that accused has remained in custody for a period of about five years, for his no fault. He lastly submits that it is fit case where accused be released on bail solely on the ground of hardship.
On the other hand learned counsel for the State has vehemently opposed to the grant of bail.
Admittedly, this Court while declining bail of above named applicant by order, dated 6-5-2002, had issued directions to the trial Court for conclusion of trial within stipulated period but the same could not be concluded though it has passed more than 2-1/2 years. In this background, I am of the considered opinion that the delay in trial is not on the part of applicant, the benefit of which could be extended to applicant Rahib son of Nawaz Chandio . He may be released on bail on furnishing two solvent sureties each in the sum of Rs.2 ,00,000 (Two hundred thousand) and P.R. bond in the like amount to the satisfaction of trial Court.
In case applicant misuses or abuse the concession of bail, the trial Court would be at liberty to cancel the bail and may take action against the surety in accordance with law.
H.B.T./R-33/K Bail granted.