Grant of Bail – Supreme Court

Grant of Bail - Supreme Court Bail Case Laws Criminal Law Knowledge - Criminal Law Litigation & Arbitration Murder Solutions - Criminal Law Supreme Court Mr. Justice Anwar Zaheer Jamali in his judgment has decided the issue of grant of bail to an accused on account of non-compliance of High Courts’ directions and filing of direct complaint by the complainant in Criminal Petition No. 604 of 2015.

1. Petitioner is one of the nominated accused in crime No. 324 of 2012, dated 08.12.2012, P.S. Shahkot, District Sahiwal, registered under sections 302, 324, 337-A(i), 337-A(ii), 337-F(i), 337-F(iii), 148, 149, PPC with the allegations that he along with nine other co-accused, while forming an unlawful assembly, committed qatl-i-amd of Yasir Abbas and caused injuries to three other persons. The petitioner was assigned specific role of causing fatal injury to the deceased.

2. The petitioner was arrested on 14.1.2013 and since then he is stated to be in custody. The first bail application moved by him before the Lahore High Court, being Criminal Miscellaneous No.2148-B of 2014, was dismissed on 04.6.2014; his second bail application, being Criminal Miscellaneous No.1735-B/2015 was dismissed vide order dated 15.5.2015 and the third bail application, being Criminal Miscellaneous No.3819-B of 2015, was dismissed as not pressed vide order dated 29.6.2015. In this manner, as it appears from the case record, Criminal Misc. No.4327-B 2015 was the fourth bail application, which was dismissed by the High Court through the impugned order dated 29.7.2015.

3. We have heard the arguments of learned Advocate Supreme Court for the petitioner. He has contended that the petitioner is entitled for grant of bail, as compliance of the directions issued by the High Court in its orders dated 04.6.2014 and 15.5.2015, regarding expeditious disposal of the criminal case against the petitioner, has not been made and further filing of direct complaint by respondent. No.2 has furnished a fresh ground to the petitioner to move another bail application.

4. We have scanned the material placed on record and are unable to subscribe to such submissions of the learned ASC. Neither non-compliance of the directions issued to the trial Court to conclude the trial expeditiously or within some specified time can be considered as valid ground for grant of bail to an accused, being alien to the provisions of section 497, Cr.P.C, nor filing of direct complaint will have any bearing as regards earlier bail refusing orders, which have attained finality, unless some fresh ground could be shown by the petitioner for consideration of his request for grant of bail afresh, which is lacking in the present case.

5. This being the position, leave is refused and this petition is dismissed.

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