| Case ID |
0c97b145-1224-4c35-88ce-7e32b35a1b79 |
| Body |
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| Case Number |
Criminal Bail Application No. 1320 and M.A. No. 63 |
| Decision Date |
May 10, 2011 |
| Hearing Date |
May 10, 2011 |
| Decision |
The Sindh High Court granted bail to the applicant, Abdul Waheed, subject to all just exceptions. The court noted that the prosecution's case had significant inconsistencies between the FIR and the complainant's subsequent testimony. It highlighted that deeper appreciation of evidence is not permissible at the bail stage, and only a tentative assessment is required to ascertain the connection of the accused with the alleged offence. The trial had been lingering for eight years without conclusive progress, with significant delays not attributable to the accused. The court emphasized the right to speedy justice as fundamental, leading to the decision to admit the applicant to bail upon furnishing a surety of Rs. 2,00,000. |
| Summary |
In the case of Abdul Waheed vs. The State, the Sindh High Court addressed a bail application concerning serious charges, including attempted murder and abduction. The court underscored the principle that at the bail stage, the evidence is assessed tentatively, and any substantial discrepancies between the FIR and the complainant's testimony warrant further inquiry. The applicant had been in custody for eight years as the trial had faced significant delays, with only the complainant examined to date. The court's decision to grant bail hinged on the lack of progress in the trial and the applicant's right to a fair and timely judicial process. This case illustrates critical considerations in criminal procedure and the principles governing bail, emphasizing the importance of a fair trial and the timely administration of justice. Key legal provisions from the Criminal Procedure Code and the Penal Code were invoked, highlighting the intersection of procedural law and fundamental rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Tasnim
|
| Lawyers |
Shaikh Jawaid Mir,
Zulfiqar Haider,
Abdullah Rajput
|
| Petitioners |
ABDUL WAHEED
|
| Respondents |
THE STATE
|
| Citations |
2011 PLD Sindh 10
|
| Other Citations |
Ashok v. The State 1997 SCMR 436,
Muhammad Aslam v. The State 1999 SCMR 2147,
Liaquat Ali v. The State 2005 PCr.LJ 1741
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
497(2),
324,
364,
302,
34
|