| Case ID |
e116c535-7e87-4e7e-9d2f-22b15d7d0e33 |
| Body |
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| Case Number |
Criminal Bail Application No.336 of 2001 |
| Decision Date |
Aug 03, 2001 |
| Hearing Date |
Jul 24, 2001 |
| Decision |
The court granted bail to the applicants, Muhammad Umar and another, who had been in custody for over 4.5 years without trial. The court noted that the prosecution had failed to publish the required proclamation regarding absconding co-accused, which caused unnecessary delay. The court emphasized that mere allegations against the accused do not equate to guilt, and that the applicants should not suffer due to the prosecution's inaction. The decision highlighted the right to liberty and the necessity for a fair trial within a reasonable time frame, ultimately ruling in favor of the applicants by allowing bail upon the furnishing of a surety. |
| Summary |
In the case of Muhammad Umar and another, the Sindh High Court addressed a significant issue regarding the right to bail under the Criminal Procedure Code and the Penal Code. The petitioners had been incarcerated for over four and a half years without a trial, raising concerns about statutory delays and the prosecution's failure to fulfill legal obligations. The court observed that the lack of action by the State in publishing proclamations for absconding co-accused directly impacted the applicants' right to liberty. This case underscores the judicial commitment to ensuring that individuals are not unjustly deprived of their freedom due to procedural lapses. The ruling reinforces the principle that allegations alone do not establish guilt and that every accused person has the right to a fair trial within a reasonable period. The decision also calls attention to the systemic issues affecting the judicial process and the need for reforms to prevent undue delays in the administration of justice. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUSHIR ALAM,
ZIA PERWEZ
|
| Lawyers |
Abdul Baqi Jan,
Ghulam Dastagir Shahani
|
| Petitioners |
MUHAMMAD UMAR,
|
| Respondents |
THE STATE
|
| Citations |
2002 SLD 836,
2002 PCRLJ 1
|
| Other Citations |
PLD 1968 SC 353,
PLD 1974 SC 224,
PLD 1975 Lah. 210,
1994 PCr.LJ 12,
1978 SCMR 248
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(1),
324,
353,
147,
149
|