Cr.B.A.No. 514 of 2012.

 

 

 

For Hearing.

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13.08.2012.   Mr.Liaquat Ali Khaskheli advocate for the  applicants.

              Mr.Sardar Ali Shah APG.

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SALAHUDDIN PANHWAR, J-The applicants have filed   Application under Section 497 CRPC, in Crime No. 2/2011 of Police Station, Gullu Sial, District Khairpur under Section 395, 436, 148, 149, 504, 427, 337-H2, PPC.

 

2.   Relevant facts are that on 19.5.2011 at 1330 hours complainant Laldino Jagirani lodged  FIR alleging  therein that on 07.04.2011 at 1100 hours, complainant, his uncle Ghulam Mustafa, cousin Shahdad alias Shahzado and other family members were available in the house, meanwhile the accused persons namely Nisar Ahmed Jagirani, Allah Wassayo Jagirani with LMG rifle, 3. Ghulam Shabbir Jagirani, 4.Ayoob alias Kaleri, 5.Shah Baig Jagirani with G-3 rifles, 6.Uris Jagirani with Rocket Launcher, 7.Dil Murad Jagirani, 8.Muhammad Nawaz Jagirani, 9.Dost Muhammad Jagirani, 10.Behram Jagirani, 11. Yameen Jagirani, 12.Yaseen Jagirani, 13.Ghazi Jagirani, 14.Dholan Jagirani with Kalashinkovs, 15.Akram Jagirani, 16.Panah Jagirani, 17.Deedar Jagirani, 18.Shaman Jagirani with rifles, 19.Iqbal Jagirani, 20.Sikiladho Jagirani, Yousif with guns intruded in the house of complainant, used abused language, robbed gold ornaments, 150 mounds of wheat, clothes, cots, beds, cash of Rs.30000/- shop and house hold articles and took away on tractor trolley. Thereafter accused Nisar set the house on fire and other accused made aerial firing. On the cries of complainant party witnesses Chodihyoon khan Jagirani and Mehboob and other villagers attracted there, saw and identified the accused persons, then some of accused went away on the tractor trolley and rest of  by foot, while issuing threats of murder. Complainant went to P.S Guloo Siyal for registration of FIR but his FIR was not registered, then he moved an application to DPO Khairpur and also filed such petition which was allowed by learned Ist Additional Sessions Judge, Khairpur and after obtaining order from the Court, he appeared at PS and lodged the FIR as stated above.

 

3.  Record reveals that after the registration of FIR, police arrested accused in this case and submitted challan. The applicants moved bail application on merits before the trial Court, the same was dismissed then they approached this Court in Cr.B.A.No.548/11 same was also dismissed by order dated 3.10.11. Thereafter the applicants preferred bail application on statutory ground of delay in conclusion of the case but trial Court dismissed application by order dated 6.6.12 with clear observations that some of witnesses have been examined and delay is not on the part of prosecution.

4.   Counsel for the applicants/accused has inter alia contended that the applicants were arrested on 3.6.2011 and the charge was framed on 27.9.2011. More than one year has been passed but the case has not been concluded, therefore the applicants are entitled for bail after arrest on statutory ground.

 

5. Conversely Learned State counsel opposed the bail application on the ground that two close relatives of co-accused Akram  and Bahram were absconder; they were arrested later on, therefore, amended charge was framed on 24.1.2012 ; delay is not on the part of the prosecution therefore they are not entitled for bail.

 

06.  Heard leaned counsel, perused the diaries of the case and record.

 07. It is an admitted position that two very close relatives Akram and Bahram were absconder in this case, charge was framed but subsequently they were arrested in this case, therefore, amended charge was framed. The case diaries also reveal that due to feud between Jagirani tribe, the witnesses were unable to attend the Court but subsequently on police protection provided by the trial Court they attended the Court. Some of the witnesses have been examined, and on last hearings witnesses were present but due to election of lawyers, defense counsel not appeared in the court.

 

08.  Under these circumstances it appears that two absconder accused being close relatives of the applicant with the their connivance by designed strategy have caused the delay in conclusion of the trial, according to facts of the case it was  difficult for the witnesses to come in the Court without support of police escort. It appears that applicants/accused have not made out a case of bail on statutory delay, caused on the part of prosecution, thus applicants have failed to make out their case on the statutory ground however trial court is directed to conclude the trial within three months. Applicants will be at liberty to repeat bail application on statutory grounds, if case is not concluded within three months or if they have any fresh ground.

 

     09.  Above are the reasons of a short order dated 13.08.2012 whereby the bail application was dismissed with directions to the trial Court to conclude trial within three months.

 

 

 

                                           JUDGE

 

 

 

 

Akber.