| Case ID |
22e9e0f1-d602-48c3-9380-7421d8182fd8 |
| Body |
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| Case Number |
Criminal Bail Application No. 337 of 2003 |
| Decision Date |
Jun 26, 2003 |
| Hearing Date |
|
| Decision |
The Court granted bail to the applicants Punhal Jakhrani, Taj Muhammad Brohi, and Rahim Bux alias Mocharo Marhato after considering the prolonged custody of three years, seven months, and eight days without a single witness being examined. It was established that the applicants were not responsible for the delay in trial proceedings. The Court referred to previous cases to support the decision, indicating a clear case of hardship for the applicants. As a result, bail was granted on the condition of furnishing sureties in the sum of Rs. Two Lacs each and a P.R. Bond in the same amount to the satisfaction of the trial court. |
| Summary |
This case involves the Sindh High Court's decision to grant bail to the applicants who had been under trial for an extended period without any witness testimonies. The court highlighted the significant delay in the trial process, attributing the cause of this delay to the prosecution rather than the applicants. The applicants' counsel argued that the charges were baseless and rooted in enmity, which the court supported through legal precedents. The decision emphasizes the importance of timely justice and the rights of accused individuals, particularly in cases of prolonged detention. This ruling may have implications for future bail applications in similar circumstances, reinforcing the principle that accused persons should not suffer undue hardship due to delays in the judicial process. Keywords: bail application, Sindh High Court, Criminal Procedure Code, justice, trial delay, legal rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL SOOMRO, JUSTICE
|
| Lawyers |
Muhammad Ayaz Soomro,
Mushtaq Ahmed Kourejo
|
| Petitioners |
Punhal Jakhrani,
Taj Muhammad Brohi,
Rahim Bux alias Mocharo Marhato
|
| Respondents |
THE STATE
|
| Citations |
2004 SLD 2856,
2004 PCRLJ 90
|
| Other Citations |
Abdul Hameed v. State 2003 MLD 19,
Behram v. State 2003 PCr.LJ 73
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
460
|