| Case ID |
161181c6-ddd1-4f53-a6a2-3eb95340f2f5 |
| Body |
View case body. Login to View |
| Case Number |
Crl. Misc. No. 405-B of 2003 |
| Decision Date |
Apr 25, 2003 |
| Hearing Date |
Apr 25, 2003 |
| Decision |
The court granted bail to the petitioner, Abdul Nadeem, emphasizing the importance of timely trials and adherence to directions issued by superior courts. The trial court had failed to conclude the trial within the six-month timeframe mandated by the High Court, which constituted sufficient grounds for bail. The court noted that the accused should not be kept in custody indefinitely, particularly when the trial was unlikely to conclude in the near future. The decision was based on previous cases that highlighted the necessity of timely judicial proceedings and the rights of the accused to not be subjected to prolonged detention without trial. |
| Summary |
This case revolves around the bail application of Abdul Nadeem, who sought post-arrest bail in a murder charge under multiple sections of the Pakistan Penal Code. The Lahore High Court, Rawalpindi Bench, presided over the matter. The court's decision hinged on the trial court's failure to adhere to its directive to conclude the trial within six months, thereby creating a basis for granting bail. The ruling emphasized the principle that no individual should be held in judicial custody indefinitely, particularly when the prosecution's delay in conducting a trial is evident. The court's acknowledgment of the judicial process's integrity and efficiency in ensuring justice was a key aspect of its decision-making. This case highlights the critical balance between the rights of the accused and the obligations of the judicial system to act promptly. The case references significant legal precedents that underscore the court's position on the necessity of timely trials. Overall, this ruling serves as a reminder of the importance of judicial efficiency and the protection of individual rights within the legal framework. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Not available
|
| Judges |
M. Naeemullah Khan Sherwani
|
| Lawyers |
Ch. Zahoor Hussain,
Mr. M.D. Shahzad
|
| Petitioners |
ABDUL NADEEM
|
| Respondents |
STATE
|
| Citations |
2004 SLD 3900,
2004 PLJ 405
|
| Other Citations |
1984 SCMR 613,
PLJ 1996 Cr.C. (Lah.) 1713
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
302
|