| Case ID |
44e3247a-0c7c-4e69-95d7-bdf3e64717f9 |
| Body |
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| Case Number |
D-11 of 2022 and D-258 of 2021 |
| Decision Date |
Mar 02, 2022 |
| Hearing Date |
Feb 22, 2022 |
| Decision |
The bail applications of the accused were allowed on the grounds of 'inordinate and unconscionable delay' in the conclusion of their trial. The court noted that the applicants had been in custody for over two years with minimal progress in the trial, having only four out of twenty prosecution witnesses examined. The court emphasized the right to an expeditious trial as per Article 10-A of the Constitution, which should protect undertrial prisoners from prolonged incarceration due to no fault of their own. The learned counsel successfully argued that the delay constituted a valid ground for granting bail, and the trial court was directed to expedite the proceedings. The applicants were admitted to bail upon furnishing a solvent surety of Rs. 500,000 each. |
| Summary |
This case revolves around the applications for bail filed by Naeem Akhtar Khemto and another accused in relation to a National Accountability Bureau reference. The core issue was the prolonged detention of the applicants due to significant delays in the trial process. The court found that the delay was unconscionable, as the accused had been in jail for over two years with only a fraction of the prosecution witnesses testifying. The decision highlighted the importance of the right to a speedy trial as enshrined in the Constitution, ensuring that individuals are not subjected to undue hardship during legal proceedings. The court's ruling to grant bail reinforces the principle that justice must not only be done but must also be seen to be done expeditiously. This case is significant in the context of accountability and the legal framework governing bail applications in Pakistan. |
| Court |
Sindh High Court, Sukkur Bench
|
| Entities Involved |
National Accountability Bureau
|
| Judges |
MUHAMMAD FAISAL KAMAL ALAM,
AMJAD ALI SAHITO
|
| Lawyers |
Muhammad Sidique for Applicant (in Criminal Bail Application No. D-258 of 2021),
Manzoor Hussain Larik for Applicant (in Criminal Bail Application No. D-11 of 2022),
Mujeeb-ur-Rehman Soomro and Bahawal-u-Din Shaikh, Special Prosecutor for NAB Sukkur,
Ali Raza Pathan, Assistant Attorney General for Respondents
|
| Petitioners |
,
NAEEM AKHTAR KHEMITO
|
| Respondents |
2 others,
NATIONAL ACCOUNTABILITY BUREAU through Chairman
|
| Citations |
2022 SLD 1360,
2022 PCRLJ 883
|
| Other Citations |
Talat Ishaq v. National Accountability Bureau PLD 2019 SC 112,
Himesh Khan v. The National Accountability Bureau (NAB) Lahore 2015 SCMR 1092
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
National Accountability Ordinance, 1999
|
| Sections |
497,
9
|