2020 PCrLJN 114

MIR AFZAL Versus State

Citation2020 PCrLJN 114

CourtGilgit-Baltistan Chief Court

Judge(s)Ali Baig

ORDER

ALI BAIG, J. ---This petition under section 497, Cr.P.C. has been filed by the petitioner namely Mir Afzal for grant of bail in case FIR No.19/2018 dated 04-06-2018, registered under section 302, P.P.C. at Police Station Tangir District Diamer.

2. Arguments heard and record perused.

3. From perusal of record, it transpires that the petitioner/ accused had filed bail application in the court of learned Additional Sessions Judge Diamer under section 497, Cr.P.C. for grant of post arrest bail which was allowed by the learned trial court vide bail order dated 15-09-2019. The said order of the learned trial court was challenged by the State through an application under section 497(5), Cr.P.C. for cancellation of bail, granted in favour of petitioner by the learned Additional Sessions Judge Diamer. This Court, after hearing arguments on the aforesaid bail cancellation application on behalf of the parties, had allowed the said application and bail of the petitioner/accused was recalled/cancelled vide bail order dated 27-06-2019. The petitioner has not challenged the aforesaid bail cancellation order of this Court in the apex Court of Gilgit-Baltistan, therefore, order of this Court dated 27-06-2019 has attained finality. Now the petitioner has filed fresh bail petition in this Court.

4. I have gone through the contents of bail petition as well as record of the case and found that no fresh grounds are available for grant of bail in favour of petitioner at this stage. The grounds agitated by the learned counsel for the petitioner in fresh bail application were available to the petitioner at the time of cancellation of bail of the petitioner by this Court on 27-06-2019; hence, this petition is not maintainable and liable to be dismissed. However, the learned Additional Advocate General and the learned counsel for the complainant stated at bar that, except Investigating Officer and two marginal witnesses of recovery of weapon of offence, all the PWs have been examined by the trial court and case of the petitioner is at concluding stage. Therefore, the learned trial court and the prosecution is directed to conclude case of the petitioner within 2 months of the opening of trial Court after winter vacations, failing which the petitioner will be at liberty to file a fresh bail petition in the Trial Court on the ground of delay in conclusion of trial. The petitioner is also directed to make ensure attendance of his counsel before the trial court to that the case could be concluded within given time. Copy of this order be sent to the learned trial court for information and compliance. File.

ADN/60/GB Bail refused.