| Case ID |
25f58cea-bf34-4813-91d0-e2421ec86a13 |
| Body |
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| Case Number |
Criminal Bail Application No. S-445 of 2010 |
| Decision Date |
Sep 07, 2010 |
| Hearing Date |
|
| Decision |
The court granted bail to the applicant, Muhammad Nawaz, who was involved in a case regarding serious charges including murder and causing disappearance of evidence. The court noted that co-accused had already been granted bail and highlighted the significant delay in the trial process, which had extended over four years. The applicant's confessional statement was examined, and while he admitted to being present at the scene, he implicated another individual as the shooter. The court underscored the principle that no one should be kept in custody based solely on the anticipation of a future conviction. Due to the delay in trial and the nature of the evidence, the applicant was deemed eligible for bail under the provisions of the Criminal Procedure Code. The bail was granted upon the applicant furnishing surety in the required amount. |
| Summary |
This case revolves around the bail application of Muhammad Nawaz, who was accused of serious crimes including murder under the Penal Code. The Sindh High Court, presided over by Judge Muhammad Tasnim, granted bail based on the significant delay in trial proceedings, which had lasted approximately four years. The court emphasized that the accused's right to a speedy trial is paramount and that keeping him in custody without conclusive evidence or a timely trial is unjust. The court also considered the confessional statement made by the accused, where he claimed another individual was responsible for the shooting. This case highlights the importance of ensuring that individuals are not unjustly detained and that their rights to fair legal processes are upheld. The decision serves as a reminder to the legal system regarding the necessity of timely trials and the fair treatment of all accused individuals, regardless of the severity of the charges against them. Keywords: bail application, murder case, criminal procedure, speedy trial, legal rights, Sindh High Court. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD TASNIM, J
|
| Lawyers |
Khamiso Khan Rind for Applicant,
Sardar Ali Shah, A.P.G. for the State
|
| Petitioners |
MUHAMMAD NAWAZ
|
| Respondents |
THE STATE
|
| Citations |
2011 SLD 2110,
2011 YLR 433
|
| Other Citations |
Majeed versus the State (2010 SCMR 55)
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
302,
201,
34
|