Legal Case Summary

Case Details
Case ID 1ff4b72a-1dd4-4ea6-83cf-dd3a652ee28a
Body View case body.
Case Number Crl. MBA No. 475-B of 2017
Decision Date Feb 15, 2018
Hearing Date
Decision The Court held that the petitioners, who have been in continuous detention for more than three years, are entitled to bail as a matter of right due to statutory delay in the conclusion of their trial. The Court emphasized the importance of timely trials and the inherent right of every accused to an early trial, stating that inordinate delays can undermine public confidence in the justice system. The Court accepted the bail applications and ordered the petitioners to be released on bail subject to the conditions set forth, including the provision of bail bonds.
Summary In the case of Crl. MBA No. 475-B of 2017, the Peshawar High Court addressed the petitions of three individuals, MIR HAKEEM KHAN, HAZRATULLAH, and MIR GHAFOOR, who were seeking bail on the grounds of statutory delay in their trial. The Court analyzed the provisions of the Criminal Procedure Code, particularly sections 426 and 497, which pertain to the suspension of sentences and the granting of bail, respectively. The Court noted that the petitioners had been in continuous detention for over three years and that the delay in their trial was not attributed to any actions on their part. The Court highlighted that the right to a timely trial is fundamental and that unjustified delays can lead to feelings of helplessness and frustration among the accused. Ultimately, the Court granted bail to the petitioners, reinforcing the principle that prolonged incarceration without trial is unacceptable. This decision underscores the importance of expeditious legal proceedings and the rights of individuals within the criminal justice system.
Court Peshawar High Court
Entities Involved Not available
Judges SHAKEEL AHMAD
Lawyers Pir Liaqat Ali Shah, Advocate, Mr. Shahid Hameed Qureshi, Addl. AG, Mr. Farooq Khan Sokari, Advocate
Petitioners MIR HAKEEM KHAN, HAZRATULLAH, MIR GHAFOOR
Respondents 2 OTHERS, GULAP KHAN
Citations 2018 SLD 2817, 2018 PLJ 797
Other Citations PLD 1975 Lahore 210, 2018 PCr.LJ 104, PLD 2005 K 201
Laws Involved Criminal Procedure Code, 1898, Pakistan Penal Code, 1860
Sections 426(1), 497(1), 302, 324, 427, 34