| Case ID |
0b976181-5812-434d-ac03-fc9768a1dcff |
| Body |
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| Case Number |
Criminal Bail Application No. 616 of 2013 |
| Decision Date |
Jun 19, 2014 |
| Hearing Date |
|
| Decision |
The bail application filed by the applicants, Irshad and Imtiaz, was dismissed. The court found that the applicants did not demonstrate that the delay in the trial was not caused by their actions. The court emphasized that to qualify for bail under Section 497 of the Criminal Procedure Code, the applicants needed to show that they had been detained for over two years without trial and that any delay was not attributable to them. The court noted that the applicants' counsel had previously moved adjournment applications, indicating a strategy to prolong the trial. The court directed that the trial should proceed expeditiously and that adjournments should only be granted in exceptional circumstances. |
| Summary |
This case revolves around a criminal bail application concerning the accused, Irshad and Imtiaz, charged with serious offenses under the Penal Code, including Qatl-i-amd and rioting. The applicants sought bail on the grounds of prolonged detention without trial, claiming that the delay was not their fault. However, the court found that the accused had not substantiated their claims and had contributed to the delays through their legal counsel's adjournment requests. The decision highlights the importance of expeditious trials and the necessity for accused individuals to actively participate in the judicial process to avoid undue delays. Keywords relevant to this case include 'bail application', 'criminal procedure', 'Sindh High Court', 'Qatl-i-amd', 'delay in trial', and 'defense counsel'. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD IQBAL KALHORO, J
|
| Lawyers |
S. Mushtaque Hussain Shah,
Ghulam Shabeer Shar,
Abdul Rehman Kolachi A.P.G.
|
| Petitioners |
IRSHAD,
IMTIAZ
|
| Respondents |
The STATE
|
| Citations |
2015 SLD 3033,
2015 YLR 2553
|
| Other Citations |
2003 YLR 3166,
PLD 2012 Sindh 147,
2010 SCMR 354,
2012 YLR 1496,
PLD 2002 SC 18,
2012 PCr.LJ 1588,
2014 PCr.LJ 437,
2013 PCr.LJ 1331,
2006 PCr.LJ 1256,
2013 YLR 1318,
2012 YLR 2432,
Abdul Rashid v. The State 1998 SCMR 897,
Liaquat Hussain v. Federation of Pakistan PLD 1999 SC 504,
2003 MLD 79,
2004 PCr.LJ 713,
SBLR 2013 Sindh 869
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
148,
149
|