SC rejects Sindh govt’s plea against high court’s decision to grant bail

Accused spent three years in jail without being indicted, SC expresses annoyance at govt's plea

KARACHI: The Supreme Court rejected on Friday the plea filed by the Sindh government against the bail granted by Sindh High Court to the accused who allegedly instigated a murder during a clash.

A three-member bench headed by Chief Justice of Pakistan (CJP) Asif Saeed Khosa and comprising Justice Sardar Tariq Masood and Justice Mazhar Alam Khan Miankhel heard the plea, filed by Sindh government, at the Karachi Registry through video link while sitting in Islamabad.

The counsel for the accused said his client was in prison from 2015 to 2018.

The government should be fined for filing this plea, remarked CJP Khosa. "The accused has spent three years in prison without being sentenced," he said, adding that the accused couldn't be indicted in four years. "How long would the accused be kept in prison without being sentenced?" he asked. The CJP said that SC was hearing cases through video link and even that costs money. "If the SHC has accepted the bail plea then let it do so. The parties should come forward but what does the government have to do with it?" said the CJP.

The court rejected the plea against SHC's decision.

According to police, the case against the accused is registered at a police station in Sujawal. The accused allegedly instigated the murder of the deceased during a clash.

Attempted murder

The same bench disposed of the plea for pre arrest bail on the assurance that the accused would surrender in an attempted murder case.  The CJP remarked that it would be better if the accused is arrested and then files the bail plea.

The counsel for the accused requested that the police be directed to make the arrest after Eid-ul-Fitr.

The CJP remarked that the court would not restrict anyone nor would it direct anyone to do anything. It now depends on whether the police is efficient or lazy in making the arrest or on how quickly the accused presents himself for the arrest, he said. An attempted murder case is more complicated than a murder case, remarked the CJP, adding that the injured can identify the accused in an attempted murder case while the victim of a murder cannot do that.

The court concluded the plea on the assurance that the accused would surrender for arrest.

According to police, the attempted murder case against the accused in registered in Sanghar. 

Published in The Express Tribune, June 1^st, 2019.