ALI SHER LEGHARI vs State S — 2023 PCrLJ 1461 KARACHI-HIGH-COURT-SINDH

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ALI SHER LEGHARI VS State S. 497---Penal Code (XLV of 1860), 302, 324, 404, 436, 427, 353, 395, 396, 148 & 149---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, dishonestly receiving stolen property, mischief by fire or explosive substance with intent to destroy house, mischief causing damage to the amount of fifty rupees, assault or criminal force to deter public servant from discharge of his public duty, dacoity, dacoity with murder, rioting armed with deadly weapon, unlawful assembly, act of terrorism---Bail, grant of---Ground of statutory delay---Long incarceration---Scope---Allegation against the accused was that they attacked on police party, put the police official into the mobile and set the mobile on fire, took the weapons of police, motorcycle and wireless, police also made firing in retaliation, due to which five police officials died and many were injured---Record showed that High Court originally rejected the applicants' bail on merits, however the Supreme Court over 9 years ago directed the trial to be completed within 6 months---Record transpired that there still remained fifteen witnesses to be examined and as could be seen from the FIR there were many absconding accused who could be arrested and the trial would restart again from scratch as had happened twice in the past---Both the applicants had only been given a general role in the FIR as opposed to a specific role in killing any of the police men and that no witness so far had deposed to that effect against either of them---Petitioners/accused had been in jail for eleven and over nine years respectively and no delay had been caused on their part or the part of their counsel in concluding the trial as conceded by the State counsel---Fact remained that the trial was unlikely to conclude in the foreseeable future---Based on Art. 10-A of the Constitution, the delay in conclusion the trial had reached shocking levels---No one could be incarcerated indefinitely pending the conclusion of trial and bail could not be refused as a punishment---Bail application was allowed, in circumstances.

ALI SHER LEGHARI vs State S — 2023 PCrLJ 1461 KARACHI-HIGH-COURT-SINDH

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