| Case ID |
0abe6484-61e0-426a-90cf-4db09e410c96 |
| Body |
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| Case Number |
Criminal Jail Appeal No. D-107 of 2002 |
| Decision Date |
Jan 07, 2011 |
| Hearing Date |
|
| Decision |
The court has remanded the case back to the appropriate jurisdiction for trial, emphasizing that the original trial was not conducted in the correct forum. The case involved serious charges under sections 302 and 394 of the Pakistan Penal Code, with the court acknowledging the lengthy custody period of the accused, which amounted to approximately 11 years and 15 days. The court also considered the amendments made to the Anti-Terrorism Act, which influenced the transfer of the case to the Sessions Court. Bail was granted to the accused on the basis of these considerations, with the requirement of furnishing surety and P.R Bond. The trial court has been mandated to conclude the trial within one year. |
| Summary |
In the case of Criminal Jail Appeal No. D-107 of 2002, the Sindh High Court addressed significant legal issues pertaining to the Pakistan Penal Code and the Anti Terrorism Act. The appeal was brought by Abdul Rehman Alias Abri against the State, with a decision rendered by Justices Faisal Arab and Abdul Hadi Khoso on January 7, 2011. The court focused on the jurisdictional aspects of the trial and the implications of amendments to the Anti-Terrorism Act, which led to the conclusion that the case should have been tried in the Sessions Court rather than the original court. The ruling highlighted the importance of correct jurisdiction in legal proceedings, particularly in serious criminal cases involving allegations of murder and robbery. After considering the long duration of the accused's custody, the court granted bail, emphasizing the need for timely trials in the judicial system. This case underscores the critical intersection of criminal law and procedural fairness, particularly in the context of anti-terrorism legislation. Keywords associated with this case include 'Criminal Appeal', 'Bail Grant', 'Anti-Terrorism Act', 'Pakistan Penal Code', 'Judicial Jurisdiction', 'Legal Proceedings', and 'Court Decision'. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
Faisal Arab,
Abdul Hadi Khoso
|
| Lawyers |
Syed Madad Ali Shah,
Muhammad Iqbal Kalhoro
|
| Petitioners |
Abdul Rehman Alias Abri
|
| Respondents |
The State
|
| Citations |
2011 SLD 1261,
2011 YLR 1631
|
| Other Citations |
Ghazi Khan v. The State PLD 2003 Kar. 71,
PLD 2005 Kar. 18
|
| Laws Involved |
Pakistan Penal Code, 1860,
Anti Terrorism Act, 1997
|
| Sections |
302,
394,
39B(2)(e)
|