| Case ID |
396896d0-935c-43b6-92fc-672b86f601dd |
| Body |
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| Case Number |
Constitutional Petition No. D-505 of 2014 |
| Decision Date |
Jul 29, 2014 |
| Hearing Date |
Jul 24, 2014 |
| Decision |
The petitioner applied for bail on grounds of statutory delay, having been in custody for 18 months with only five out of 27 witnesses examined. The court noted that the delay was not caused by the petitioner or his counsel. The court emphasized that the purpose of the trial is to allow the accused to face the charges and not to punish them for being in custody. The court granted bail subject to the petitioner furnishing a solvent surety of Rs. 1.5 million and a P.R. bond of the same amount. |
| Summary |
This case revolves around a constitutional petition concerning bail under the Criminal Procedure Code and National Accountability Ordinance. The petitioner, Ali Anwar Ruk, sought bail due to significant delays in his trial, having spent 18 months in custody. The Sindh High Court, presided by Justices Muhammad Ali Mazhar and Shahnawaz Tariq, found that the delays were not attributable to the petitioner or his legal counsel, Shaukat Hayat. The court underscored the right to a fair and expedient trial, emphasizing that the purpose of the judicial process is to ensure that the accused can defend themselves rather than remain unjustly imprisoned. The ruling established important precedents regarding the rights of under-trial prisoners and the responsibilities of the prosecution to expedite proceedings. The decision was informed by previous cases, reiterating the necessity of timely justice and the principle that no individual should be kept in detention indefinitely while awaiting trial. The case highlights the critical balance between the legal system's efficiency and the rights of individuals under trial, making it a significant reference point for future bail applications. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALI MAZHAR,
SHAHNAWAZ TARIQ
|
| Lawyers |
Shaukat Hayat,
Noor Muhammad Dayo
|
| Petitioners |
ALI ANWAR RUK
|
| Respondents |
NATIONAL ACCOUNTABILITY BUREAU through Chairman and another
|
| Citations |
2015 SLD 630,
2015 YLR 216
|
| Other Citations |
Syed Maqsood Ahmed v. State Civil Petition No.620-K of 2011,
Jamil A. Durrani v. The State PLD 2003 Kar. 393,
Muhammad Saeed Mehdi v. State and others 2002 SCMR 282,
Danish Ahmed v. The State through Chairman NAB 2002 MLD 1180
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973,
National Accountability Ordinance, 1999
|
| Sections |
497,
199,
9(b)
|