This is second post-arrest bail petition on behalf of the petitioner. The first one bearing Crl. Misc. No. 30234-B of 2020, was dismissed as withdrawn vide order dated 28.07.2020 after arguing the case at some length. The instant bail petition has been moved, on the fresh ground of statutory delay in conclusion of trial.
2. Through this petition filed under Section 497, Cr.P.C., Muhammad Saleem (petitioner) has sought his post-arrest bail in case FIR No. 35/2020, dated 10.02.2020, registered under Sections 324, 337 F(iii) & 148/149, PPC, registered with Police Station Sadar Tandlianwala, District Faisalabad.
3. Precisely the allegation against the petitioner is that on 02.02.2020, at 05.00 p.m., he along with his co-accused while armed with pistol made fire shot hitting on the left thigh near the knee joint of Zahid Iqbal, son of complainant.
4. Arguments heard and record perused.
5. The perusal of record reveals that in the instant case, the petitioner was arrested on 28.02.2020, whereas report under Section 173, Cr.P.C. was submitted before the learned trial Court on 14.03.2020 and copies required under Section 241-A of Cr.P.C. were delivered to him on 19.09.2020, however, charge against the petitioner was framed on 02.04.2021. Such delay cannot be attributed to the present petitioner with any stretch of imagination. From the above mentioned facts it is abundantly clear that statutory ground of delay in conclusion of trial became available to the present petitioner on 29.02.2021 even before framing of charge against him.
6. Admittedly, the petitioner is behind the bar for the last about one year, nine months and twenty- nine days and there is nothing on record to suggest that the delay in conclusion of trial is occasioned by an act or omission of the petitioner or by any other person acting on his behalf or he is a hardened, desperate or dangerous criminal who can pose a serious threat to society if released on bail.
The petitioner being accused of offence under Sections 324, 337 F(iii) PPC, which are not punishable with death is in detention for a continuous period of one year and even his trial has not been concluded, hence, he has made out a case for grant of bail as a matter of right under part (a) of the third proviso to Section 497(1), Cr.P.C.
The august Supreme Court of Pakistan in order dated 04.10.2021 passed in Criminal Petition No. 1072/2021 titled "Shakeel Shah versus The State, etc." after liberally elaborating the above referred provision of law granted bail to an accused on statutory ground of delay in conclusion of trial. It is settled principle of law that statutory right cannot be denied under discretionary power when the petitioner is not responsible for the cause of delay.
7. Granting bail to an accused person does not amount to his acquittal rather his custody is handed over from State to the surety, who takes the responsibility to produce that accused before the trial Court as and when required and summoned.
8. For what has been discussed above, this Court is persuaded to admit the petitioner to post- arrest bail on statutory ground of delay in conclusion of trial. Resultantly, the instant bail petition is allowed and the petitioner is admitted to post-arrest bail, subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- (Rupees two hundred thousand only) with two sureties each in the like amount to the satisfaction of learned trial Court. However, it is made clear that if the present petitioner does not cooperate with the trial Court for early disposal of the trial, it shall be deemed to misuse of concession of bail and the complainant is at liberty to move an application for cancellation of his bail.