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2021 SCMR 2090

Muhammad Irfan Shabbir vs The State through P.G. Punjab and another

Citation2021 SCMR 2090
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 1307-L of 2021
Date2021-10-12
Judge(s)Amin-Ud-Din Khan, Sardar Tariq Masood, Jamal Khan Mandokhail
ResultBail granted

ORDER

SARDAR TARIQ MASOOD, J.---Petitioner-Muhammad Irfan Shabbir has impugned the order dated 14.09.2021 whereby bail was refused to him by the learned Lahore High Court, Lahore in case FIR No.51 1 dated 15.05.2014, offence under section 489-F , P.P.C., registered at Police Station South Cantt., District Lahore.

2. After hearing the learned counsel for the parties at length and perusal of available record, it has been observed by us that this petition has been filed mainly on the statutory ground as according to learned counsel the petitioner was arrested in this case on 30.06.2020 and till date no evidence has been record ed by the learned trial Court. As earlier the main file was missing and subsequently the complainant side filed an application in the trial Court for secondary evidence which was now allow ed. The petitioner is behind the bars for the last about one year and four months and his case has not been decided. Order Sheet appended indicates that on many dates the complainant was absent and the witnesses did not appear and even witnesses were summoned through bailable warrants. Be that as it may, the offence alleged against the A petitioner is punishable for three years out of which the petitioner has already incarcerated for one year and four months.

3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. The appellant Muhammad Irfan Shabbir is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.600,000/- (Rupees six hundred thousand) with two surety in the like amount to the 'satisfaction of the learned trial court.

4. Learned counsel for the complainant contends that as application for secondary evidence has been allowed by the trial Court and they want to produc e their evidence, learned trial Court be directed to conclude the trial expeditiously . As charge has been framed, we expect from the learned trial Court to conclude the trial within four months after receipt of this order . If, any hurdle, caused by the petitioner in early conclusion of the trial, the complainant is at liberty to file an application under section 497(5) Code of Criminal Procedure.

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