| Case ID |
319a944e-f651-4070-9652-7d5368068193 |
| Body |
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| Case Number |
Bail Application No. 798 of 2008 |
| Decision Date |
Sep 15, 2008 |
| Hearing Date |
|
| Decision |
The Sindh High Court granted bail to the accused Muhammad Zahid due to the lack of progress in the case, where the accused had been in custody for two and a half years without any meaningful advancement in the trial. The Court noted that the directions provided to the trial court had not been complied with, and there had been no witness examination despite the significant time that had elapsed. The decision emphasized that the case required further inquiry under section 497(2) of the Criminal Procedure Code, thus underlining the need for the trial to adhere strictly to procedural requirements and justice. The bail was granted upon furnishing surety in the sum of Rs.50,000 and a personal bond to the satisfaction of the trial court. |
| Summary |
This case revolves around the bail application of Muhammad Zahid, who was accused in a case concerning the alleged abduction and assault of two minor girls under the Offence of Zina (Enforcement of Hudood) Ordinance. The High Court intervened after observing that the accused had been in custody for an extended period without any substantial progress in the case. The Court highlighted the non-compliance of its prior directions and the contradictory statements from the victims, which raised concerns about the integrity of the prosecution's case. The decision to grant bail was primarily influenced by these factors, stressing the importance of timely justice and the rights of the accused under the law. The case underscores the critical nature of procedural adherence in criminal proceedings, especially in sensitive matters involving minors and serious allegations such as sexual assault. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
KHAWAJA NAVEED AHMED
|
| Lawyers |
Javed Ahmed Rajput,
Fatima Jamila Jatoi
|
| Petitioners |
Javed Ahmed Rajput
|
| Respondents |
THE STATE
|
| Citations |
2009 SLD 733,
2009 MLD 103
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Offence of Zina (Enforcement of Hudood) Ordinance, 1979
|
| Sections |
164,
497,
497(2),
11
|