| Case ID |
5c80f121-3f58-4e29-ab9a-f41d68c5f522 |
| Body |
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| Case Number |
Criminal Bail Application No. 16 of 2002 |
| Decision Date |
May 29, 2003 |
| Hearing Date |
May 29, 2003 |
| Decision |
The accused, who was charged with possession of 250 grams of heroin, had been in custody for five years. Given the circumstances, including the fact that even if convicted, the maximum penalty would be seven years, and considering the lack of progress in the case and absence of recorded witness testimony, bail was granted to the accused. The bail amount was set at Rs. 50,000, secured by a personal bond to the satisfaction of the trial court. |
| Summary |
In this significant case decided by the Sindh High Court, the court addressed the important issue of bail under the Criminal Procedure Code. The applicant, Ali Bux, had been held for five years in connection with a charge of heroin possession. The court highlighted the lengthy duration of detention without trial, emphasizing the legal principle that pre-trial detention should not be excessively prolonged. The judges noted that, even if the accused were found guilty, the maximum sentence was seven years, which further justified granting bail in light of the circumstances. This case underscores the critical balance between the rights of the accused and the interests of justice, making it a noteworthy reference for future bail applications. Keywords such as 'bail application', 'Sindh High Court', 'Criminal Procedure Code', and 'drug possession case' are essential for understanding the implications of this ruling, which can serve as a precedent in similar cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Zahid Kurban Alvi,
Muhammad Mujeebullah Siddiqui
|
| Lawyers |
Muhammad Ayaz Soomro,
Shevak Ram
|
| Petitioners |
Ali Bux
|
| Respondents |
The State
|
| Citations |
2004 SLD 2861,
2004 PCRLJ 126
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Prohibition (Enforcement of Hadd) Order, 1979
|
| Sections |
497,
4
|