ASSADULLAH KHAN CHAMKANI, J.---Petitioner Rashid Khan, who has been earlier declined bail by this court on merits, through this further application seeks bail on fresh ground of non-compliance of the directions of this Court vide order dated 23-2-2015 in Cr. Misc. B.A. No,160-P of 2015, in case FIR No,2 dated 1-1-2015, registered under sections 23(1)(a)(i)/23(1)(c)/27(1) and 30 of Drugs Act, 1976, at Police Station FIA Crime Circle, Peshawar.
2. Arguments heard and record perused.
3. Since petitioner has been already declined bail on merits vide order dated 23-2-2015 in Criminal Miscellaneous B.A. No,160-P of 2015, therefore, needless to reiterate the merits of the case. It appears from this Court order dated 23-2-2015 that while refusing bail to petitioner, the prosecution was directed for submission of challan against the petitioner within a month and the learned trial Court to conclude the trial as early as possible, but not later than a month, on receipt of the record, while in case of failure the petitioner was held at liberty to approach the learned trial.
Court for his bail, if delay in conclusion of trial was not on his part.
4. After about two months, even challan has not yet been submitted against the petitioner what to say about conclusion of trial. The lethargic attitude of the prosecution being in utter violation of directions of this Court, is highly deplorable, therefore, this court is left with no other option but to release the petitioner on bail on the sole ground of irresponsible conduct of the prosecution.
Resultantly, this petition is allowed. Accused/petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs,3,00,000 with two sureties each in the like amount to the satisfaction of learned IIIaqa Judicial Magistrate/MOD, concerned. The sureties must be local, reliable and men of means.