DOST MUHAMMAD alias DOSA vs THE STATE
This matter arises from a criminal petition seeking post-arrest bail on statutory grounds in a case registered under sections 302, 148, 149, and 379 of the Pakistan Penal Code 1860. The core legal question concerns whether an accused person is entitled to post-arrest bail when incarcerated for a prolonged period without the conclusion of the trial, and where the delay is not attributable to the accused. The Lahore High Court held that since the petitioner had been in custody for about four years without even the charge being framed and was not responsible for the inordinate delay in the conclusion of the trial, he made out a case for the grant of statutory bail. The court laid down the principle that prolonged incarceration without trial, absent any contributory delay by the accused, justifies the concession of post-arrest bail.
- Is an accused entitled to post-arrest bail on statutory grounds due to prolonged incarceration when not responsible for the delay in trial?
- Does the failure to frame a charge after four years of imprisonment constitute sufficient ground for granting bail?
- Section 302, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 379, Pakistan Penal Code 1860
ORDER
' One Khizer Hayat lodged crime report No,73 of 1995, under section 302/149 read with section 148, P.P.C., with Police Station. Fateh Shah, Tehsil and District Vehari on 13-8-1995 against the petitioner and five others, namely, Muhammad Hanif, Hafiz Noor Muhammad Shah, Munir Hussain Shah, Amin Shah and Muzher. During course of investigation section 379, P.P.C., also stood incorporated into the list of offences. After conclusion of the investigation challan stood submitted to the Court of learned Sessions Judge, Vehari, who further made it over to a learned Additional Sessions Judge, at Vehari, for its disposal in accordance with law.
2. Allegations against the petitioner is that on 12-8-1995 at about 11-30 a.m. He along with his compatriots had taken Umer Hayat, deceased from the house of Hafiz Noor Muhammad Shah, co- accused, to his cattle-shed. All the accused were armed. The petitioner is alleged to have made a shot at the deceased by means of his 12 bore gun, which struck his body and proved fatal instantaneously. Petitioner was arrested on 1-10-1995 and was sent to judicial lock-up at New Central Jail, Multan, when he was no longer required for investigation purposes. Hafiz Noor Muhammad, Munir Hussain and Amin Shah were given clean slate by the Investigating Agency, during the course of investigation.
3. Petitioner preferred Criminal Miscellaneous No, 1934-B of 1998 before Lahore High Court, Lahore, which was dismissed for non-prosecution on 6-5-1999. Now through this petition, the petitioner seeks grant of post-arrest bail purely on the statutory ground. This application has been made after a long time after the dismissal of his earlier bail application. The petitioner was arrested on 1- 10-1995 (at stated before) and up till now, even charge has not been framed, which it well- indicated from the report of the learned Trial Court, dated 20-1-2000. The petitioner is lodged in the jail for the last about 4 years. Indeed, the petitioner is in no way responsible for causing inordinate delay in culmination/conclusion of the trial.
4. Accordingly, he is admitted to bail subject to his furnishing bail bonds in the sum of Rs,2,00,000 with two sureties in the like amount to the satisfaction of the Trial Court. He is directed to appear regularly on each and every date of hearing.