| Case ID |
1ff4b72a-1dd4-4ea6-83cf-dd3a652ee28a |
| Body |
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| 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
|