LAHORE: The Lahore High Court (LHC) has adjourned indefinitely the hearing of a bail petition filed by Faizan Shaukat, an accused in a murder case, in light of a report submitted by the trial court.
Chief Justice Lahore High Court Justice Aalia Neelum heard the bail petition of Faizan Shaukat, the accused in the murder case. During the hearing, a law officer appearing on behalf of the Punjab government submitted a report to the court regarding the accused’s trial.
The state counsel told the court that the trial in the murder case is under way, but that witnesses are not appearing before the trial court, prompting the court to issue non-bailable warrants of arrest to secure their attendance.
The law officer further informed the court that the trial against the accused would be completed once the witnesses appear before the trial court.
After examining the report submitted by the trial court, the high court deferred further proceedings on the accused’s bail petition and adjourned the hearing for an indefinite period.
According to the record placed before the court, the murder case against the accused, Faizan Shaukat, was registered on June 12, 2020 at South Cantt, Lahore, on the complaint of Salma Irfan.
The accused, who faces a charge of murder in the case, has approached the Lahore High Court for bail. During the previous hearing of the case, CCPO Lahore Bilal Siddique Kamyana and the DIG Investigation had also appeared before the court.
The non-appearance of prosecution witnesses is among the most frequently cited causes of delay in criminal trials in Pakistan. Where witnesses fail to attend despite summons, trial courts may issue bailable and then non-bailable warrants, and in some circumstances initiate proceedings for their production through the police.
Delay in the conclusion of a trial has a direct bearing on bail. Courts have consistently held that inordinate delay not attributable to the accused can itself become a ground for the grant of bail, particularly where the accused has spent a long period in custody. In this instance, the high court has chosen instead to await progress in the trial, keeping the petition pending without a fixed date.
The case has now been before the courts for more than six years since its registration in June 2020.
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