| Case ID |
5c857159-254a-4e0b-9a60-cd36899c5f75 |
| Body |
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| Case Number |
Criminal Bail Application No. S-527 of 2013 |
| Decision Date |
May 10, 2016 |
| Hearing Date |
Apr 25, 2016 |
| Decision |
The Sindh High Court granted bail to the applicants, Pir Ali and Nazar Ali, in light of the statutory right to bail under the Juvenile Justice System Ordinance. The court noted that the applicants had been in custody for over two years, and the delay in the trial was not attributable to them. The court emphasized that every child has a statutory right to bail if they have remained in custody for a continuous period exceeding one year. The court found no evidence that the accused were previous convicts or dangerous individuals. The bail was granted on the condition of furnishing surety in the sum of Rs.300,000. |
| Summary |
This case involves the granting of bail to juvenile applicants Pir Ali and Nazar Ali in the Sindh High Court. The court examined the provisions of the Juvenile Justice System Ordinance, highlighting the importance of timely trials and the rights of minors in custody. The court noted that the applicants had been in custody for over two years without a conclusion to their trial, which is a violation of their statutory rights. The decision emphasized the need for protecting the rights of children, particularly in criminal cases, where undue delays can lead to prolonged incarceration without conviction. The case underscores the balance between ensuring justice for victims and safeguarding the rights of the accused, especially minors. The court's ruling reinforces the principle that mere allegations or the registration of FIRs do not justify the denial of bail, particularly when the accused have a prima facie case for bail based on procedural delays. This case serves as a significant reference for future bail applications involving juveniles and the interpretation of their rights under the law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL RASOOL MEMON
|
| Lawyers |
A. R. Farooq Prizada,
Asif Ali Abdul Razak Soomro,
Ali Haider Saleem
|
| Petitioners |
PIR ALI,
NAZAR ALI
|
| Respondents |
THE STATE
|
| Citations |
2017 SLD 114,
2017 PCRLJ 65
|
| Other Citations |
Wahid Bux Khoso v. The State 2006 MLD 507,
Afsar Zamin v. The State PLD 2002 Kar. 18,
Sikandar v. The State 2006 PCr.LJ 1648,
Mehar v. The State 2009 PCr.LJ 47,
The State v. Mukhtiar Ahmad Awan 1991 SCMR 322,
Syed Qamar Alam v. The State 2014 YLR 497,
Mitho Pitafi v. The State 2009 SCMR 299,
Rasool Muhammad v. Asal Muhammad 1995 SCMR 1373
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Juvenile Justice System Ordinance (XXII of 2000)
|
| Sections |
497,
302,
337-H(2),
34,
10(7)(a)(c)
|