| Case ID |
e9ab0808-d377-49b6-81cd-0e84db2d713d |
| Body |
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| Case Number |
Criminal Bail Application No. 316 of 2003 |
| Decision Date |
Mar 31, 2003 |
| Hearing Date |
Mar 31, 2003 |
| Decision |
The applicant, facing trial in the Court of IIIrd Additional Sessions Judge, Karachi South, under section 395/34, P.P.C., was granted bail after a prolonged period of custody without significant progress in the case. The court noted that the applicant had been in custody for approximately 32 months, with no witnesses examined by the trial court despite previous directives. The delay in the trial process and the failure of jail authorities to produce the accused were significant factors leading to the decision to grant bail. The state conceded to the bail plea based on the regrettable delay, highlighting the importance of timely justice. The applicant was required to furnish two sureties in the amount of Rs. 1,00,000 each and a personal recognizance bond to the satisfaction of the trial court. |
| Summary |
This case revolves around the bail application of ZAR WALI, who has been in custody for 32 months without significant progress in the trial. The Sindh High Court examined the circumstances surrounding the delays caused by the trial court and jail authorities. The applicant was charged under sections 395/34 of the Penal Code for a robbery incident that occurred on 3-7-2000. The court highlighted the necessity for timely justice, noting that the trial court had not examined a single witness after previous orders. The decision underscores the legal principle that individuals should not be held in custody indefinitely without a clear path to trial. The involvement of legal representatives Shoukatullah Khan Bettani for the applicant and Fazlur Rehman Awan for the state was also noted. The case illustrates the balance between the gravity of the offense and the rights of the accused to a fair trial within a reasonable timeframe, reflecting ongoing discussions in criminal justice reform. Keywords: bail application, Sindh High Court, criminal procedure, timely justice, legal representation. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
M. ASHRAF LEGHARI, J
|
| Lawyers |
Shoukatullah Khan Bettani,
Fazlur Rehman Awan
|
| Petitioners |
ZAR WALI
|
| Respondents |
THE STATE
|
| Citations |
2003 SLD 1280,
2003 PCRLJ 1446
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
395/34
|