Legal Case Summary

Case Details
Case ID 5c80f121-3f58-4e29-ab9a-f41d68c5f522
Body View case body.
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