2010 GBLR 118

THE STATE through Advocate-General Versus ASIF AHMED

Citation2010 GBLR 118

CourtSupreme Appellate Court Gilgit Baltistan

Judge(s)Muhammad Nawaz Abbasi, C.J. and Muhammad Yaqoob

ORDER

1. MUHAMMAD NAWAZ ABBASI, C.J .---This petition has been filed for cancellation of bail granted to respondent Asif Ahmed, in a case under sections 302/324/34 PPC read with sections 6/7 ATA, pending in trial before Special Court, established under Anti-Terrorism Act, 1997. The bail was allowed to the respondent by the Chief Court vide order dated 22-11-2007 and till date, there is no complaint of misuse of the concession of bail by the respondent.

2. The learned counsel for the complainant during the course of arguments submitted that if direction is given to the trial Court for conclusion of trial within a period of two months, he would not press this petition on merits. The learned Advocate-General and learned counsel for the respondent have no objection to the disposal of this petition with the above direction.

3. The perusal of the record would show that the charge in the case was framed without any delay, but due to the murder of the then learned trial Judge and some other unavoidable circumstances, trial could not be concluded, and ultimately bail was granted to respondent. The prolonged delay in the conclusion of trial is misuse of process of law and Courts and also injustice to the parties.

4. Be that as it may, the learned trial Judge is directed to proceed with the trial day to day and may not adjourn the case without compelling reason. The learned trial Judge if need be may also adopt coercive measures for attendance of the witnesses, to avoid further delay and will conclude the trial within two months. If due to the fault of defence trial is not concluded within the specified time, the complainant or the State may move a fresh application for cancellation of bail before the trial Court, which will be decided on its own merits and in case the delay is caused by the prosecution, the relevant provision in the Anti-Terrorism Act, 1997 for appropriate action may be invoked. This petition with the above directions stands disposed of.

5. N.H.Q./27/Glt. Order accordingly.