| Case ID |
38b5c60c-b8c5-4ad6-95e6-f38a1ee7574e |
| Body |
View case body. Login to View |
| Case Number |
Crl. Misc. No. 709/B of 2017 |
| Decision Date |
Nov 15, 2017 |
| Hearing Date |
|
| Decision |
The court granted bail to the petitioner, Rubina Tabasum, based on the significant delay in trial proceedings, which extended over three and a half years. It was noted that the petitioner had not been directly nominated in the FIR until several months after the alleged crime, and the delay in trial was primarily attributed to the prosecution's failure to produce witnesses. The decision emphasized that the right to a speedy trial is fundamental and that the petitioner was entitled to bail under the provisions of the Criminal Procedure Code, given that the prosecution had not sufficiently progressed the case despite multiple hearings. |
| Summary |
In the case of Rubina Tabasum vs. The State, the Islamabad High Court addressed issues surrounding the right to bail under the Criminal Procedure Code, particularly in relation to the delay of trial. The petitioner, Rubina Tabasum, was seeking post-arrest bail after being incarcerated for over three years without a conclusion to her trial. The key arguments revolved around the fact that the petitioner was not named in the initial FIR, and significant delays were caused by the prosecution's inability to present witnesses. The court underscored the importance of expeditious legal proceedings, highlighting that the petitioner had been behind bars without any progress in her case. The decision set a precedent for future cases regarding the rights of the accused and the obligations of the prosecution to ensure timely trials. The case also referenced several other legal precedents that supported the decision, further solidifying the court's stance on ensuring justice is not delayed unnecessarily. Key terms include 'bail', 'Criminal Procedure Code', 'expeditious trials', and 'right to a speedy trial'. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
Mohsin Akhtar Kayani
|
| Lawyers |
Muhammad Aslam Chaudhry,
Ch. Manzoor Ahmed Kamboh
|
| Petitioners |
Rubina Tabasum
|
| Respondents |
The State
|
| Citations |
2018 SLD 897,
2018 YLR 913
|
| Other Citations |
2015 YLR 1132,
2013 PCr.LJ 1031,
2007 PCr.LJ 875,
1999 PCr.LJ 238,
2011 YLR 1008,
2017 MLD 1013,
2016 YLR Note 88,
2017 MLD 1357,
2016 PCr.LJ 1206
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(1),
302,
365
|