Legal Case Summary

Case Details
Case ID 04f9d867-d216-4eaf-83f7-57615db22ab3
Body View case body.
Case Number Criminal Bail Applications Nos. 224 and 434 of 199
Decision Date Jun 07, 1999
Hearing Date
Decision The bail application filed by Saleem Chang was dismissed due to his abscondence after previously being released on a forged bail order. The court noted that despite the argument for statutory delay in the trial process, the applicant's conduct of absconding and manipulation of the bail system undermined his request for bail. The court emphasized the importance of consistency in granting bail but ruled that the applicant's actions disqualified him from receiving such relief. The decision reinforces the principle that absconders are generally not entitled to bail, even if they argue for delays in trial. The court allowed the possibility for the applicant to reapply for bail in the future, should circumstances change.
Summary In the case of Saleem Chang vs. The State, the Sindh High Court addressed the issue of bail under the Criminal Procedure Code and the Pakistan Penal Code. The applicant, Saleem Chang, sought bail on the grounds of statutory delay in his trial for serious offenses including murder. The court carefully considered the history of the case, noting that the applicant had previously absconded after being released on a forged bail order. Despite arguments presented by his counsel regarding the principle of consistency in bail decisions, the High Court ultimately ruled against the applicant, citing his abscondence as a key factor disqualifying him from bail. This case highlights the court's strict stance on bail applications involving absconders and emphasizes the need for integrity in the legal process. The ruling serves as a precedent for future cases involving similar circumstances, reinforcing the legal standards surrounding bail applications and the conduct of accused individuals.
Court Sindh High Court
Entities Involved Not available
Judges RASHEED AHMED RAZVI, MUHAMMAD ROSHAN ESSANI
Lawyers S.A. Shaukat Naqvi, Ghulam Mustafa Lakho
Petitioners SALEEM CHANG
Respondents THE STATE
Citations 2000 SLD 358, 2000 PLD 70
Other Citations Muhammad Yousuf v. The State 1983 SCMR 102, Muhammad Fazal alias Bodi v. The State 1979 SCMR 9, Abdul Salam v. The State 1980 SCMR 142, Shahzad v. The State 1996 PCr.LJ 978, Muhammad Naseem alias Naseemo v. The State 1996 PCr.LJ 1302, Siddique alias Gaila v. The State 1997 PCr.LJ 790, Rao Qadeer Khan v. The State PLD 1981 SC 93, Awal Gul v. Zawar Khan and others PLD 1985 SC 402
Laws Involved Criminal Procedure Code (V of 1898), Pakistan Penal Code, 1860
Sections 497(1), 302, 148, 149