Petitioner Muhammad Kalu has applied for post arrest bail being accused in case FIR No. 456 of 2015 dated 01.10.2015 under Sections 324/148 and 149, PPC, Police Station City Jalalpur Pirwala, District Multan, on various grounds, the main is statutory ground under Proviso-II of Section 497, Cr.P.C. He contended that trial against him has not been concluded without any fault on his part, thus, -he deserved to be enlarged on bail, hence, this petition.
2. F.I.R No. 456/2015 was registered by the local police on the instance of Muhammad Saeed son of Haji Allah Ditta under Sections 324/148 and 149, PPC attributing the present petitioner that while he was equipped with a fire-arm repeater caused fire shot injuries on abdomen of father of the complainant and some of the pellets also caused injuries to Muhammad Junaid son of Muhammad Shabbir.
3. Learned counsel for the petitioner stated that petitioner was arrested as accused in criminal case on 22.10.2015 and he is continuously in custody. Further stated that charge by the Court was framed on 21.03.2016, but trial has not so far been concluded without any fault on the part of the petitioner, thus, he deserved to be granted post arrest bail. Learned counsel placed reliance on dictum of Apex Court "Muhammad Jameel Rahi vs. D.G. NAB and others" (2012 SCM R 552) and "Muhammad Zeeshan vs. State and another" (PLJ 2012 Cr.0 (Lahore) 198 (Multan Bench Multan).
4. Learned A.P.G. and learned counsel for the complainant opposed this petition stating that petitioner is the main accused and delay in trial is not caused by the prosecution, rather, because of the petitioner, thus, he cannot be given any discretionary relief under Proviso-II of Section 497, Cr.P.C. Further stated that petitioner's previous two post arrest bail applications were dismissed by this Court, last one was on merit and first dismissed as withdrawn and now he has come up 3rd time to this Court and because of his conduct petitioner is not entitled to get relief of post arrest bail.
5. Some brief facts are necessary to be mentioned here that petitioner as accused in this case applied for post arrest bail to the learned trial Court on 24.10.2016, which was dismissed on 27.10.2016. Thereafter he filed application to the Sessions Court on 17.12.2016 for grant of post arrest bail, which was dismissed by learned Addl. Sessions Judge vide order dated 24.12.2016. Prior to that an application for post arrest bail filed by the petitioner to the trial Court was dismissed on 05.01.2016, then he tried his luck before Sessions Court, where the bail application was dismissed on 12.06.2016 and thereafter he filed Crl. Misc. No. 1148-B of 2016 before this Court and it was withdrawn by the learned counsel for the petitioner after advancing arguments on 02.05.2016. Thereafter he again approached Courts below as mentioned above but failed in his attempt to secure post arrest bail. He again approached this Court with Crl. Misc. No. 3686-B of 2016, which was dismissed vide order dated 20.07.2016. It is appropriate to reproduce relevant portion of said order: "Learned counsel for the complainant pointed out that the instant petition was filed by concealing the material facts. He referred to the certificate given at the foot of this petition which reveals that no such petition was earlier filed before this Court 'and that this was the first application being filed by the petitioner, whereas, earlier, learned counsel for the petitioner after arguing the petition 'at some length withdrew the petition, on 02.05.2016 (Criminal Miscellaneous No. 1148-B of 2016).
Learned counsel for the petitioner could not explain/justify this concealment and only submitted that he was not told by the petitioner, therefore, the instant petition deserves dismissal due to the conduct of petitioner and same is dismissed."
6. Now the petitioner has for the third time approached this Court for the same relief of Course it is provided under Proviso-II of Section 497, Cr.P.C. that if in the opinion of the Court trial of a case in which punishment is not death has not been concluded within one year petitioner can be granted post arrest bail. The appraisal of order sheet annexed with the instant petition and report requisitioned from the learned trial Court manifestly clearing that in conclusion of the trial delay was also caused because of the petitioner and persons acting on his behalf. I have noticed that so far statements of three PWs have been recorded and cross-examination not conducted by the defence/petitioner through his counsel. I have also taken notice of dismissal of previous bail application (Crl. Misc. No. 3686-B of 2016) dated 20.07.2016, it depicts that petitioner concealed some facts and on that score he was refused bail. Now, on the facts as mentioned above, I am of the firm opinion that petitioner is not entitled for the concession of bail even on statutory ground.
7. In judgment relied upon by the learned counsel for the petitioner "Shabeer vs. The State" (2012 SCM R 354) laid down dictum that bail granted to the accused on statutory ground as no proceeding was concluded and there was no possibility of conclusion of trial in near future, whereas in the instant case statements of three PWs had already been recorded and it is the petitioner to cross-examine these PWs through his counsel which led to conclude the trial in near future. On the same basis bail was granted by the Apex Court in Judgment reported as "Muhammad Jameel Rahi vs. D.G. NAB and others" (2012 SCM R 552) as conclusion of trial was not possible in near future. In this view of the matter, the petition is dismissed, however, to secure that trial of case FIR No. 456 of 2015 dated 01.10.2015 under Sections 324/148 and 149, PPC, Police Station City Jalalpur Pirwala, District Multan is concluded expeditiously, I consider it expedient to direct learned trial Court to conclude the trial of the case before start of summer vacations, if required may proceed on day to day basis. Parties to the trial are also directed to assist and co-operate with the trial Court for the conclusion of trial within the time as mentioned above.