| Case ID |
265f4d20-8e81-4b32-9a61-8b83c6d09e39 |
| Body |
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| Case Number |
Criminal Bail Application No. S-675 of 2011 |
| Decision Date |
Oct 28, 2011 |
| Hearing Date |
Oct 06, 2011 |
| Decision |
The applicant, Zameer, was granted bail after being in custody for approximately three years. The court found that the delay in trial was primarily due to the non-production of the accused by jail authorities and the absence of prosecution witnesses. The court emphasized the right to a fair and expeditious trial, stating that the responsibility for ensuring attendance lies with both the prosecution and jail authorities. The applicant was not previously convicted for a capital offense, and thus, the court ruled that he was entitled to bail based on the statutory delay provision under section 497 of the Criminal Procedure Code. The trial court was directed to conclude the trial expeditiously within two months. |
| Summary |
This case revolves around the grant of bail to Zameer, who had been in custody for nearly three years related to charges under sections 302, 337-H(2), 147, and 148 of the Pakistan Penal Code. The Sindh High Court highlighted the importance of a fair trial and the expeditious resolution of criminal cases. The court underscored that delays primarily caused by jail authorities and the prosecution cannot be attributed to the accused. The ruling reinforces the principle that every accused person has a fundamental right to a speedy trial, which is essential for maintaining public confidence in the judicial system. The court's decision to grant bail was based on the lack of progress in the trial and the applicant's clean record regarding serious offenses, emphasizing that justice delayed is justice denied. This case is significant for legal practitioners and advocates, as it sets a precedent for similar bail applications where statutory delays are evident. Keywords include 'criminal bail', 'expeditious trial', 'fair trial rights', and 'Pakistan Penal Code'. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALI MAZHAR, JUSTICE
|
| Lawyers |
Not available
|
| Petitioners |
Maqbool Ahmed Awan
|
| Respondents |
Sardar Ali Shah, A.P.G.
|
| Citations |
2012 SLD 880,
2012 YLR 477
|
| Other Citations |
Abdullah v. The State 1985 SCMR 1509,
Muhammad Aslam v. The State 1999 SCMR 2147,
Behram v. The State 2003 PCr.LJ 73,
Aarab alias Katoo v. The State 2005 PCr.LJ 555,
Wazir v. The State PLD 1986 Kar. 646,
Abdul Hameed v. The State 2003 MLD 19,
AIR 1941 Sind 186,
AIR 1942 Calcutta 219,
2000 SCMR 107,
PLD 1984 SC 428,
Abid Sohail v. The State 2006 PCr.LJ 864,
Iftikhar Hussain v. The State PLD 2011 Lah 110,
Muhammad Nawaz v. The State 2003 MLD 79
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
147,
148,
302,
337-H(2)
|