Umar Farooq vs State S — 2024 MLD 1737 Gilgit-Baltistan Chief Court

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Umar Farooq VS State S. 497---Penal Code (XLV of 1860), Ss. 302(b) & 34---Qatl-i-amd, common intenition---Bail, grant of---Rule of consistency---Delay in conclusion of trial---Accused was charged that he along with his co-accused committed murder of the brother of complainant---From perusal of record it transpired that the occurrence took place on 16-04-2019 and FIR was registered on the same day---However, despite lapse of more than 4½ years the prosecution had failed to conclude the trial---Earlier, the petitioner had filed an application for grant of bail before the High Court which was disposed of with direction to the Trial Court to dispose of the case of the petitioner/accused within 10 days by conducting day to day hearing as case was at concluding stage but the prosecution failed to produce remaining witnesses before the Trial Court, hence, bail petition was filed---Prosecution had failed to conclude the case of the petitioner despite lapse of more than 4½ years of the registration of FIR and despite clear direction of the High Court---Accused could not be kept in jail for indefinite period as punishment on the ground that he was directly charged for an offence falling under the prohibitory clause of S.497, Cr.P.C.---Moreover, co-accused of the present petitioner had been released on bail by the High Court as such the petitioner was also entitled for the same on the principle of rule of consistency---Petitioner/accused was behind bars for last more than four years and he was no more required for purpose of investigation---No useful purpose would be served by keeping the petitioner behind the bars for an indefinite period---Thus, petitioner was entitled for concession of bail---Petitioner was admitted to post arrest bail, in circumstances.

Umar Farooq vs State S — 2024 MLD 1737 Gilgit-Baltistan Chief Court

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