| Case ID |
388212e1-ffdd-4a0f-b2ba-a20d2b8a1181 |
| Body |
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| Case Number |
C.P.No. D-1657 of 2008 |
| Decision Date |
Jan 09, 2009 |
| Hearing Date |
|
| Decision |
The Sindh High Court granted bail to the petitioner, Ramzan Ali Hemani, who had been in judicial custody since February 26, 2005, for almost four years without the reference being finalized. The court noted that the trial had not progressed as required by Section 16-A of the National Accountability Ordinance, which mandates day-to-day hearings and completion within 30 days. The court recognized the significant delays caused by the absence of the special prosecutor and the limited examination of witnesses. The court ordered that the petitioner be admitted to bail under specific conditions, including the submission of property documents and attendance at all trial proceedings. The court also directed the Administrative Judge to expedite the trial process. |
| Summary |
In the case of C.P.No. D-1657 of 2008, the Sindh High Court addressed a constitutional petition filed by Ramzan Ali Hemani concerning his prolonged judicial custody related to allegations of embezzlement while serving as a bank manager. The petitioner had been in custody since February 26, 2005, with the trial not progressing as mandated by the National Accountability Ordinance. The court emphasized the importance of timely trials and the need for adherence to procedural requirements, highlighting the absence of the special prosecutor as a significant factor contributing to the delays. Ultimately, the court granted bail, stipulating conditions aimed at ensuring the petitioner's presence at future proceedings and expediting the trial process. This case underscores the critical balance between the rights of the accused and the judicial system's obligation to deliver justice efficiently. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ARSHAD NOOR KHAN,
MUHAMMAD ATHAR SAEED
|
| Lawyers |
Shafaat Nabi Khan Sherwani,
Ch. Muhammad Iqbal D.P.G.A. NAB
|
| Petitioners |
RAMZAN ALI HEMANI
|
| Respondents |
NATIONAL ACCOUNTABILITY BUREAU (NAB)
|
| Citations |
2010 SLD 1411,
2010 MLD 75
|
| Other Citations |
PLD 2002 SC 540,
2008 MLD 350,
2008 MLD 352,
2006 MLD 452
|
| Laws Involved |
National Accountability Ordinance, 1999,
Constitution of Pakistan, 1973
|
| Sections |
16A,
18(g),
24(b),
199
|