Case Details

Citation(s)
2000 SLD 172 = 2000 PCRLJ 726

Criminal Miscellaneous No. 1865/B of 1999, decided on 20th September, 1999.
Khalil-ur-Rehman Ramday and Asif Saeed -Khan Khosa, JJ

ANWAR ALI ---Petitioner

VERSUS

THE STATE---Respondent

Law:

Section:

This is the sixth time that Anwar Ali petitioner has approached this Court for his release on bail in case F.I.R. No.369 of 1992 of Police Station Factory Area of Sheikhupura on the ground that he had been in custody for about 6 and half years and that he was entitled to the concession of bail on statutory ground. At least two earlier petitions filed by the petitioner which were dismissed by this Court canvassed bail on the same ground of delay. Last such petition in line was Criminal Miscellaneous No.4410/B of 1996 which was dismissed on 21-5-1998 whereafter the petitioner is states to have approached the Honourable Supreme Court for the said relief through Criminal P.S.L.A. No.398/L of 1998. From the present petition it appears that when the said petition came up before the Supreme Court on 29-12-1998, Rana Ijaz Ahmad Khan, the learned Counsel for the petitioner did not press the said petition and instead prayed for permission to withdraw the same reserving the right of the petitioners to approach the High Court for the implementation of this Court's order whereby direction had been issued to the learned trial Court to conclude the trial within three months.   Since the earlier plea of the petitioner for his release on bail on account of delay had already been dismissed by this Court which order of this Court had not been disturbed by the Honourable Supreme Court, therefore, this further petition on the same ground is misconceived. The only ' right which the petitioner had reserved while withdrawing his bail petition from the Supreme Court, as has been noticed above, was the right to pray to this Court for the implementation of the direction issued by this Court for early disposal of the trial.   On the question of non-compliance of this Court's order for earlier conclusion of the trial, the learned Counsel for the complainant submits that after disposal of the petitioner's earlier bail application which carrier directions to the learned trial Court to conclude the trial within three. months Rana Ijaz Ahmad Khan, Advocate had petitioned this Court for the withdrawal of the trial in question from the learned trial Court with which was…
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