Law: Constitution of Pakistan 1973

Section: 9, 10-A, 14

Law: Pakistan Penal Code (PPC),1860

Section: 324, 109, 148, 149

Law: Code of Criminal Procedure, 1898

Section: 497, 173, 205, 353, 540-A

Case Summary  The petitioners, Ghulam Rasool and Muhammad Jahangir, sought post-arrest bail under Section 497 Cr.P.C. in an FIR registered under Sections 324, 109, 148, and 149 PPC. They had remained in custody for more than one year without conclusion of trial. The Court held that the delay was not attributable to the petitioners but was caused by the non-appearance of prosecution witnesses, absence of co-accused, and administrative reasons. It ruled that the statutory right to bail under the third proviso to Section 497(1) Cr.P.C. had accrued, and none of the statutory exceptions applied. Consequently, the Court granted post-arrest bail subject to surety bonds and directed the trial court to conclude the trial within two months. Tagline An accused is entitled to statutory post-arrest bail where the trial is not concluded within one year and the delay is not attributable to him; delays caused by co-accused or prosecution cannot defeat this right. ORDER; Ghulam Rasool and Muhammad Jahangir (collectively referred to as the “petitioners”), have filed these petitions, under Section 497 of the Code of Criminal Procedure, 1898 (“Cr.P.C”), for their release on post-arrest bail in case FIR No. 211/2025, dated 15.03.2025, under Sections 324, 109, 148, and 149 of the Pakistan Penal Code, 1860 (“PPC”), registered with police station Sahuka, Vehari (“FIR”). The petitioners had earlier sought the same relief before the learned Additional Sessions Judge, Burewala, who, vide order dated 30.04.2026, declined their prayer for post-arrest bail. Since both these petitions arise out of the same FIR and involve a common question of law, they are being decided through this common order. At the outset, and before delving into the substratum of the legal issues involved, it is necessary to recapitulate the facts constituting the backdrop of the instant petitions. Succinctly, Muhammad Saeed (“informant”) got the FIR registered against the petitioners and their co-accused, namely Saleem, Suleman, and Sobay Khan, on the allegations of, inter alia, forming an unlawful assembly and launching a murderous assault, which…

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