MUHAMMAD SALEEM Versus State
ORDER
ABDUL SAMI KHAN, J.--- Through this petition under section 497, Cr.P.C. the petitioner Muhammad Saleem has sought post-arrest bail in case FIR No.128/2015 dated 13.02.2015 under sections 302, 34, P.P.C. registered at Police Station Hujra Shah Muqeem District Okara.
2. I have heard the learned counsel for the parties and have perused the documents appended with this petition. It has been noticed by this Court that this is first post-arrest bail petition of the petitioner before this Court on the only ground of statutory delay in conclusion of trial. The only ground agitated by the learned counsel for the petitioner before this Court is the delay in conclusion of trial of the petitioner's case. Admittedly, the petitioner was arrested in this case on 15.03.2015 and now more than two years, five month and twenty-one days has elapsed and he is still behind the bars without any fruitful progress in his trial. It has been held by the Supreme Court of Pakistan in plethora of judgments that if delay in conclusion of trial is not occurred due to the act of accused or any other person acting on his behalf then the accused become entitled the concession of bail as a matter of right. Reliance in this regard is placed on PLD 1995 SC 49. It is also noticed that the complainant of this case filed private complaint with the delay of one year and two months and the charge in private complaint was framed on 01.04.2017 with the delay of more than two years of the arrest of the petitioner. It is settled law that before framing of charge delay cannot be attributed to accused. Reliance in this regard is placed on 1990 PCr.LJ 2051 and 1995 PCr.LJ 1936. Even otherwise, he remained present before the learned trial court under custody on almost all dates of hearing. Admittedly the petitioner is a previous non-convict, therefore, under the law, he has earned his right of bail on the statutory ground of delay in conclusion of trial. An accused cannot be detained in jail for an indefinite period as early trial is the right of accused.
3. For what has been discussed above, the petitioner has made out a case of after arrest bail on the ground of delay in the conclusion of trial, therefore, the instant petition is allowed and the petitioner is admitted to post arrest bail, subject to his furnishing bail bonds in the sum of Rs.2,00,000/- with two sureties each in the like amount to the satisfaction of learned trial court. However, the learned Trial Court is directed to conclude the trial of the instant case positively within a period of six months from the receipt of certified copy of this order under intimation of this court through Deputy Registrar (Judicial).
4. However, it is clarified that the observation made hereinabove are tentative in nature and strictly confined to the disposal of this bail petitioner.
WA/M-168/L Bail granted.