IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
2nd Criminal Bail No.S-250 of 2023
Ali Gul Brohi and another
V/S
The State
1st Criminal Bail No.S-285 of 2024
Inayatullah Brohi
V/S
The State
Applicants: 1. Ali Gul son of Shah Murad Brohi
2. Amanullah son of Muhammad Hayat Brohi.
Through Mr. Asif Ali Abdul Razzak Soomro,
Advocate.
Applicant: Inayatullah son of Ghulam Sarwar Brohi
Through Mr. Habibullah G. Ghouri,
Advocate.
Complainant: Inayat Hussain son of Sher Khan Brohi
Through Mr. Sundar Khan Chachar,
Advocate.
State: Through Mr. Aitbar Ali Bullo, Deputy
Prosecutor General, Sindh.
Date of Hearing: 10.03.2025
Date of Decision: 17.03.2025
O R D E R
Criminal Bail Application No. S-250 of 2023
Omar Sial, J.- This is the second bail application filed by Ali Gul and Amanullah who are both facing trial in a case arising out of F.I.R. No. 35 of 2020 registered under sections 302, 506, 337-H(ii), 337-A(i), 337-F(i), 114, 148 and 149 P.P.C. at the Khanpur police station. The first application (Criminal Bail Application No. 269 of 2020) was dismissed by this Court on 20.11.2020. While rejecting the application, the Court had directed the trial court to conclude the trial within three months.
2. Reports have been called from the trial court from time to time, reflecting that the delay in the conclusion of the trial has primarily been due to COVID restrictions, absences of the accused or their counsel, the charge having been amended several times (as and when an absconder accused was arrested), and at times due to the non-availability of the trial judge. It cannot be said that the prosecution is entirely liable for the delay.
3. The observation made in the preceding paragraph is correct, but it also indicates that this trial has been delayed on one pretext or another for a substantially long time. Learned counsel for the applicants states that he will not press this bail application if the trial court directs that the trial be expeditiously concluded. The request made by the learned counsel is a reasonable and justified one. I notice from the progress report submitted by the learned 1st Additional Sessions Judge, Shikarpur, that the six witnesses have been examined. The trial courts of the province are inundated with work and all learned judges use their best efforts to conclude trials without unnecessary delays. However, this is an appropriate case for the learned trial court to be requested to ensure that the trial is completed within a maximum period of two months. If need be, the learned trial court should consider hearing the case daily. No leniency or concession should be shown to either side when seeking adjournments. Suppose the learned trial court cannot complete the trial in the given timeframe. In that case, it shall submit its report to the learned Additional Registrar of this Court outlining the reasons for the delay and indicating who was responsible for it. The applicants may move fresh applications for bail at the expiry of the two months if they are so advised.
Criminal Bail Application S-285 of 2024
This application seeking post-arrest bail has been filed by co-accused Inayatullah Brohi. Mr. Ghori, representing the applicant, submits that in view of the time frame given in the bail application addressed above, he will not press this bail application. Mr. Ghori however submits that Inayatullah Brohi has not filed a bail application earlier and thus he requests that if the time frame assigned is not followed, he may be permitted to argue the bail application he files subsequently on merits as well. As this is a withdrawal simpliciter, and if this is the first bail application in this court filed by Inayatullah Brohi, there appears to be no impediment in Mr. Ghori arguing the subsequent bail on the ground of statutory delay as well as merits.
Both applications are disposed of with the above directions.
Judge
Manzoor