| Case ID |
15a03c5b-e54d-4673-b687-ab434c307b48 |
| Body |
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| Case Number |
Criminal Petition No. 1016-L of 2021 |
| Decision Date |
Jan 06, 2022 |
| Hearing Date |
Jan 06, 2022 |
| Decision |
The Supreme Court of Pakistan allowed the petitioner's appeal against the Lahore High Court's order denying post-arrest bail based on statutory grounds. The court found that the petitioner had been in detention for over two years without a trial conclusion, which entitled him to bail as a matter of right. The High Court's reasoning that the delay was attributable to the petitioner was deemed incorrect, as the relevant delays occurred after the statutory period for trial had expired. The petitioner was granted bail upon providing a bond of Rs.500,000 with two sureties. |
| Summary |
In the case of Criminal Petition No. 1016-L of 2021, the Supreme Court of Pakistan addressed the crucial issue of post-arrest bail under the Criminal Procedure Code. The petitioner, who had been detained since November 2017, sought bail on the grounds of statutory delay due to the prolonged trial process. The court emphasized that the right to bail accrues if the trial is not concluded within the stipulated periods set forth in the law. The Supreme Court rejected the High Court's findings that attributed the delay to the petitioner's actions and reinforced the need for timely trials to uphold justice. This ruling is significant in underlining the balance between the rights of the accused and the judicial process, making it a critical reference for legal practitioners and scholars interested in criminal law and procedural justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sardar Tariq Masood,
Syed Mansoor Ali Shah,
Jamal Khan Mandokhail
|
| Lawyers |
Saif-ul-Malook,
Syed Nayab Hasan Gardezi
|
| Petitioners |
Nadeem Samson
|
| Respondents |
The State and Others
|
| Citations |
2022 SLD 586,
2022 PLD 112
|
| Other Citations |
Nazir Ahmed v. State PLD 2014 SC 241,
Talat Ishaq v. National Accountability Bureau PLD 2019 SC 112,
Shakeel Shah v. State
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
497,
497(1)
|