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The filing of a Legitimate Application u/s 265-K Cr.P.C for Protection of the Accused's Rights does not Constitute a Delay in Trial Attributable to the Accused --- Supreme Court of Pakistan

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The filing of a Legitimate Application u/s 265-K Cr.P.C for Protection of the Accused's Rights does not Constitute a Delay in Trial Attributable to the Accused --- Supreme Court of Pakistan

Islamabad 03-07-2024: In a significant ruling, the Supreme Court of Pakistan granted post-arrest bail to petitioner, setting aside the Lahore High Court’s order that had previously denied his bail. The decision was delivered by a bench comprising Mr. Justice Jamal Khan Mandokhail, Mrs. Justice Ayesha A. Malik, and Mr. Justice Syed Hasan Azhar Rizvi.

The petitioner was accused under FIR No. 103 dated December 22, 2021, involving charges under Sections 161, 162, 109, 409 of the Pakistan Penal Code (PPC) and Section 5(2) of the Prevention of Corruption Act, 1947. The case, registered at Police Station FIA/ACC, District Lahore, alleges that petitioner, along with co-accused, extorted Rs. 19,800,000 from the complainant by falsely promising profitable tenders in the Rehabilitation Department of Pakistan Railways.

The petitioner counsel argued that he had been in custody for over a year and that the trial had not yet concluded, entitling him to bail under the statutory ground of delay in trial as per the third proviso to Section 497(1) of the Criminal Procedure Code (Cr.P.C). Opposing the bail, the prosecution contended that the delay in trial was not attributable to the state but to the petitioner's application under Section 265-K Cr.P.C, which was filed on March 6, 2023, and decided on 30-05-2023.

The Supreme Court held that the case does not involve any offence punishable by death, thus allowing the application of the statutory ground for bail due to delay in trial conclusion. The bench referred to the precedent set in Shakeel Shah vs. State (2022 SCMR 1), emphasizing that delays must be a result of a visible, concerted effort by the accused to deny bail on these grounds.

The Court found no evidence of deliberate delay by petitioner, as filing a legitimate application under Section 265-K Cr.P.C for protection of the accused's rights does not constitute a delay attributable to the accused. The Court also distinguished the present case from Major (R) Muhammad Iftikhar Khan vs. The State (2022 SCMR 885), where multiple irrelevant applications were filed by the accused.

The Supreme Court converted petitioner’s petition into an appeal, granted him post-arrest bail, and directed the trial court to expedite the trial and conclude it within 30 days. The petitioner was ordered to furnish bail bonds amounting to Rs. 100,000 with one surety of the same amount.

This landmark ruling underscores the Court's commitment to upholding the constitutional rights of liberty and fair trial, ensuring that prolonged detention without trial conclusion is not imposed unjustly.

Summary

The Supreme Court of Pakistan has granted bail to petitioner, reversing the Lahore High Court’s decision. The petitioner was accused of corruption involving Rs. 19,800,000 in a case registered under Sections 161, 162, 109, 409 of the Pakistan Penal Code (PPC) and Section 5(2) of the Prevention of Corruption Act, 1947, had been in custody for over a year without trial conclusion.