Criminal Bail Application No.150 of 2013
Date Order with signature of the Judge
For hearing.
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Mr. Muhammad Ashraff Kazi, Advocate for Applicant.
Mr. Ali Haider Saleem, Assistant Prosecutor General Sindh along with Investigating Officer Inspector Mahmood Khan of Police Station Supermarket.
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Bail for Ms. Laiba is being sought on the ground of hardship. Mr. Muhammad Ashraff Kazi, learned counsel appearing for the applicant, contends that she is behind the bars for the last four-years and in another matter present applicant was granted bail by the Hon’ble Supreme Court on the ground of hardship. Learned counsel has referred to the judgment of the Apex Court reported as Ms. Laiba vs. The State (SBLR 2013 SC 45). However, we find that the trial Court has declined bail on hardship by observing that “the delay in conclusion of trial is occurred due to non cooperation of counsel of accused and thereafter, counsel on Government expenses has been provided to the applicant/accused and case will be decided as soon as possible.”
Investigating Officer of the case has stated before us that the prosecution has almost concluded its case except the evidence of complainant and Investigating Officer and for such purposes case is fixed on 30th of this month. We direct the Anti-Terrorism Court to ensure that the trial is concluded on 1st May 2013 and the Investigating Officer undertakes and ensures that he would effect appearance before the Anti-Terrorism Court on that date for getting his evidence recorded.
As to further hearing of this bail application on the ground of hardship, Mr. Muhammad Ashraff Kazi to file case diary sheets in order to negate observations made in the impugned order.
To come up on 2nd May 2013. Anti-Terrorism Court shall ensure supply of case diary sheets well before that date.
JUDGE
JUDGE