MUHAMMAD ZUBAIR Versus State

ORDER

QAISER RASHID KHAN, J:- Through the present bail petition, the accused/petitioner seeks his release on bail on the statutory ground of delay in the conclusion of the trial in case FIR No. 53, dated 2.9.2015 under section 9(c) Control of Narcotic Substances Act, 1997 of Police Station ANF, Peshawar, as earlier his bail petition was dismissed by this court vide order dated 9.10.2015 in Cr. Misc. No.1697-P/2015.

2. Arguments heard and the available record perused.

3. In a situation when the accused/ petitioner was arrested on 2.9.2015, where bail was declined to him by this court on 9.10.2015, where he has almost spent over 22 months behind the bars, where the prosecution is not coming up with its evidence as 4 PWs are yet to be examined and where the early conclusion of the trial is not in sight, then keeping the accused/petitioner in jail for further period would tantamount to his pre-trial conviction. As such, I hold him entitled to the concession of bail solely on the statutory ground of delay in the conclusion of his trial.

4. Accordingly, this petition is allowed and the petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.2,00,000/- (Rupees Two lac), with two sureties, each in the like amount to the satisfaction of the Illaqa/ Judicial Magistrate who shall ensure that the sureties are local, reliable and men of means.

6. Needless to mention that the observations recorded in this order are tentative in nature and shall not prejudice the proceedings before the learned trial court where the case be decided on its own merits after recording evidence.

WA/204/P Bail granted.