| Case ID |
1ec9e00d-7060-4896-a15b-26e35ee01af1 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 7369-B of 2006 |
| Decision Date |
Oct 25, 2007 |
| Hearing Date |
|
| Decision |
The court granted bail to the petitioner, Muhammad Qasim, stating that the accused had been in custody for over two years without a significant progression in the trial. The court emphasized the fundamental right to life and liberty, which includes the right to a speedy trial as guaranteed by the Constitution. The prosecution had failed to produce evidence in a timely manner, leading to the conclusion that indefinite detention without trial contravenes constitutional rights. The court noted that similar cases had previously been granted bail due to delays, establishing a precedent for the current decision. |
| Summary |
In the case of Criminal Miscellaneous No. 7369-B of 2006, the Lahore High Court addressed the petition for bail filed by Muhammad Qasim, who had been incarcerated since 16-5-2005 for allegedly violating the Control of Narcotic Substances Act. The court highlighted the prolonged duration of custody, which exceeded two years, without any substantial progress in the trial proceedings. The judges, M. Bilal Khan and Tariq Shamim, underscored that the right to a speedy trial is a fundamental constitutional guarantee. They noted that the prosecution's failure to present evidence contributed to the delay, and therefore, granting bail was justified. This decision aligns with previous rulings where bail was granted under similar circumstances, reinforcing the legal principle that no individual should be held indefinitely without trial. The court ordered the petitioner to furnish a bail bond of Rs. 200,000 with a surety, ensuring compliance with legal requirements. This case reflects the judiciary's commitment to upholding constitutional rights and ensuring justice is served in a timely manner. Keywords such as 'bail', 'speedy trial', 'constitutional rights', and 'narcotics law' are essential for understanding the legal context and implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
M. Bilal Khan,
Tariq Shamim
|
| Lawyers |
Kashif Javed Chaudhry,
Rana Sohail Iqbal Khan
|
| Petitioners |
Muhammad Qasim
|
| Respondents |
The State
|
| Citations |
2008 SLD 1144,
2008 MLD 19
|
| Other Citations |
Gull Zaman v. The State 1999 SCMR 1271
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotic Substances Act, 1997
|
| Sections |
497,
9(c),
15
|