| Case ID |
2cfd9f8e-c1c7-4503-aae3-17cf9885b5a3 |
| Body |
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| Case Number |
Criminal Bail Applications Nos.793 of 2008 and 266 |
| Decision Date |
Jul 29, 2009 |
| Hearing Date |
|
| Decision |
The Sindh High Court granted bail to the applicants who had been in custody for over six years without a trial conclusion. The court noted that the names of the accused were not mentioned in the FIR, which was lodged nine hours post-incident, and that the trial court had failed to conduct the trial in a timely manner, violating the applicants' fundamental right to a fair trial. The court emphasized that access to justice is a fundamental right, and the excessive delay in the trial constituted an abuse of the judicial process. Therefore, the court ordered the release of the applicants on bail, subject to the furnishing of surety. |
| Summary |
In the case of MUHAMMAD AZIM and another vs. THE STATE, decided by the Sindh High Court, the court addressed critical issues regarding the right to a fair trial and the abuse of judicial process due to excessive delays. The applicants had been in custody since 2003, with their trial not concluded after six years, raising significant concerns about their legal rights. The court highlighted that the names of the accused were not included in the FIR, and the identification process was flawed, further complicating the prosecution's case. The court's decision to grant bail was grounded in the principles of justice and the necessity for timely trials, reinforcing the fundamental rights of individuals within the legal system. This case serves as a pivotal reference for similar future cases where delays in judicial proceedings may infringe upon an accused's rights. Keywords such as 'bail', 'fair trial', 'judicial process', and 'access to justice' are essential in understanding the implications of this ruling. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Khalid Ali Z. Qazi,
Khadim Hussain M. Shaikh
|
| Lawyers |
Ali Nawaz Ghanghro,
Habibullah G. Ghori,
Miss Rubina Dhamrah
|
| Petitioners |
,
MUHAMMAD AZIM
|
| Respondents |
THE STATE
|
| Citations |
2009 SLD 3526,
2009 PCRLJ 1314
|
| Other Citations |
Safdar Ali v. The State 2000 PCr.LJ 1761,
Hazar Khan v. The State 2008 PCr.LJ 1210,
2009 PCr.LJ 521,
2009 PCr.LJ 540,
Mahram Ali and others v. Federation of Pakistan and others PLD 1998 SC 1445,
Shaikh Liaquat Hussain v. Federation of Pakistan PLD 1999 SC 504,
Anwar Ali and another v. The State 2002 PCr.LJ 186
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Offence of Qazf (Enforcement of Hadd) Ordinance, 1979,
Penal Code (XLV of 1860),
Anti Terrorism Act, 1997
|
| Sections |
497,
17(4),
460,
148,
149,
7
|