Sindh

‘Accused facing trial walk free after making bail’

The high court was processing 13 cases in which the accused were given bail by the said lower court judge.

Zeeshan Mujahid April 19, 2011

KARACHI:

Accused people facing trial are difficult to trace when they have been given bail and cannot be presented before the court.

On Monday, Sindh High Court Chief Justice Mushir Alam asked the Sindh prosecutor general to “ensure that the complete address of accused persons are mentioned with sufficient details, including CNICs, while scrutinising the challans”.

The bench said that any lapse in the future would be attributed as lapse on part of the office of the prosecutor general. Alam also ordered that a copy of the order be sent to the prosecutor general, who “may issue necessary instructions, directions and circulars among all the investigating and prosecuting officers in the province”.

The court was responding to a recent case in which an accused facing robbery charges could not be served by the police despite repeated orders and attempts. The accused could not be brought before the court, which was re-examining a decision given by the additional district and sessions judge, east, Aftab Ahmed Khan.

The high court was processing 13 cases in which the accused were given bail by the said lower court judge without considering all aspects of the case.

Earlier, public prosecutor Akhtar Rehana, appearing for the state in a suo motu case, pointed out to the court that respondent, Hayat, son of Baqi Gul, booked by Korangi Industrial Area police could not be served despite repeated efforts.

She told the court about the difficulties the prosecutors face because the police do not mention proper credentials and addresses while submitting the challan.

Hayat was facing trial in a complaint lodged by Abdul Razzak, a cattle pen owner. According to FIR 438/ 2008, registered under section 392, 353/324 and 34 PPC, four armed men loaded three cows from his cattle pen and were escaping when the petitioner intercepted them on the National Highway. The police arrived and arrested Hayat and two other accused. Their fourth accomplice fled. Hayat was later granted bail on grounds that “it was a case of ineffective firing as no one sustained injuries when he shot”.

Published in The Express Tribune, April 19^th, 2011.