MIR GHULAM ABBAS JAKHRANI vs DIRECTOR GENERAL NAB S — 2022 PCrLJ 781 KARACHI-HIGH-COURT-SINDH

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MIR GHULAM ABBAS JAKHRANI VS DIRECTOR GENERAL NAB S. 9(a)---Constitution of Pakistan, Arts. 10A & 199---Criminal Procedure Code (V of 1898), S. 497(2)---Benamidar, abettor, facilitator and associate of a politician, laundering proceeds of crime for sale/purchase of immoveable property---Bail, grant of---Inordinate and unconscionable delay in conclusion of trial---Accused/petitioner was arrested and he was in jail for about 29 months---Admittedly the interim Reference in the subject case was filed on 14-01-2020 against five accused persons including the present accused, whereas, the charge was framed against the accused on 06-11-2020 and after framing of charge out of 49 witnesses, 07 prosecution witnesses were examined---Record and proceedings of the case showed that 39 times the case was proceeded before the Trial Court, out of which 12 adjournments were sought by the prosecution, 07 adjournments were sought by co-accused and progress was made in the trial of the case but only two adjournments were sought by the present accused only to the extent of reserving cross-examination, while on three dates the Court work was suspended or holidays were declared by the Government---Accused was shown to have been arrested on 20-9-2019 and he was in custody without any progress in the matter---Such a long delay did constitute "inordinate and unconscionable delay" in conclusion of trial---Article 10 (A) of the Constitution which included the right to an expeditious trial should be fully applied to protect an under trial prisoner from prolonged periods of incarceration during his trial due to no fault of his own---Moreover in the present case there was no tangible, sufficient, incriminating material available on record against the accused for the commission of the offence alleged against him---Accused had succeeded to make out the case for grant of bail on the ground of "inordinate and unconscionable delay" and also in terms of subsection (2) of S. 497, Cr.P.C.---Constitutional petition was allowed, and the accused was admitted to bail.

MIR GHULAM ABBAS JAKHRANI vs DIRECTOR GENERAL NAB S — 2022 PCrLJ 781 KARACHI-HIGH-COURT-SINDH

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