IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Bail Appln. No. S-522 of 2024

Applicant	Nizamuddin s/o Muhammad Soomar Gopang
	Through Habibullah G. Ghouri, advocate
Complainant	Mst. Sakina
	Through Mr. Shafi Muhammad Bango, advocate
The State	Through Mr. Aitbar Ali Bullo, D.P.G for the State
Date of hearing	26-02-2025
Date of order	21-03-2025

O R D E R

OMAR SIAL, J.- Nizamuddin Gopang seeks post-arrest bail on statutory grounds in crime number 94 of 2022 registered under sections 302, 147 and 149 P.P.C. at the Hyderi police station.

2.      This is Nizamuddin's second bail application. The first was dismissed on 15.12.2022. The sole ground raised is statutory delay.

3.      I have heard the learned counsel and the learned Additional Prosecutor General.

4.      Gopang was arrested on 04.08.2022 and has been in custody since then. On 23.01.2025 this Court was informed that four witnesses are left to be examined at trial. Accordingly, the trial court was directed to conclude the evidence on the next date of hearing, which was 30.01.2025. Both counsels representing the respective parties had assured this court that no adjournment would be sought. The learned trial court submitted its report on 01.02.2025 showing that the counsel for the accused did not proceed with the case and though witnesses were present and examination-in-chief conducted, counsel for the accused declined to conduct the cross-examination. The next when the case was fixed, i.e. on 12.02.2025, an adjournment was sought again by the learned counsel for the accused. The case was fixed again on 13.03.2025 and again the counsel for the accused sought an adjournment.

5.      Given the above, it is evident that delay in the conclusion of the trial is on the part of the accused himself. The bail application is accordingly dismissed.

Judge

Abdul Salam/P.A