| Case ID |
697f61a5-7389-48cd-afd0-9b4bd8e9bdb4 |
| Body |
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| Case Number |
Criminal Appeal No. K-6 of 1974 |
| Decision Date |
Mar 14, 1974 |
| Hearing Date |
|
| Decision |
In the case at hand, the Supreme Court of Pakistan granted bail to the appellants, citing inordinate delays in the legal proceedings as a significant factor. The Court noted that the prosecution had delayed the trial excessively, which constituted an abuse of process. The Court acknowledged that while mere delay is typically not sufficient for granting bail, in this case, the delays were so significant that they warranted intervention. The Court ordered the release of the appellants on bail, emphasizing that the trial should have been concluded much sooner and that the conduct of the prosecution and the lower courts was unsatisfactory. The decision was taken to uphold the integrity of the legal process and ensure that the rights of the appellants were protected amidst the ongoing delays. |
| Summary |
This landmark case addresses the critical issue of bail in the context of inordinate delays in the judicial process. The Supreme Court of Pakistan highlighted the necessity of timely trials and the adverse effects of prolonged legal proceedings on the rights of the accused. The case involved fourteen appellants who faced significant delays from their arrest in 1968 until the Supreme Court's decision in 1974. The Court found that the majority of adjournments were not due to the fault of the defense, therefore highlighting systemic issues within the prosecution and the courts. This case serves as a crucial precedent in emphasizing the importance of expediting trials and ensuring that the legal rights of individuals are upheld effectively. Keywords: bail, inordinate delay, judicial process, Supreme Court of Pakistan, rights of the accused, legal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
SALAHUDDIN AHMED,
MUHAMMAD GUL
|
| Lawyers |
Ijaz Hussain Batalvi, Advocate Supreme Court,
M. A. Qureshi, Advocate-on-Record,
Usman Ghani, Assistant Advocate General Sind
|
| Petitioners |
others,
AHRAR MUHAMMAD
|
| Respondents |
THE STATE
|
| Citations |
1974 SLD 297,
1974 PLD 224
|
| Other Citations |
Riasat Ali v. Ghulam Muhammad P L D 1968 S C 353,
Manzoor v. The State P L D 1972 S C 81,
Manzoor Khan v. Kamir 1972 S C M R 207,
Muhammad Sadiq v. Muhammad Shafi 1973 S C M R 212,
Bashir Ahmad v. The State P L D 1973 Lah. 486
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
5
|