| Case ID |
ed77f48f-aa38-4233-9aed-a4a5f90c1a4e |
| Body |
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| Case Number |
Criminal Bail Application No. S-194 of 2011 |
| Decision Date |
Jul 19, 2011 |
| Hearing Date |
|
| Decision |
The bail application was dismissed by the Sindh High Court. The court noted that the applicant had been an absconder for 8 years, which significantly impacted his rights concerning bail. It was stated that the acquittal of a co-accused did not aid the applicant's case as the reasons for acquittal were not applicable to him. The court emphasized the need for the trial court to expedite the proceedings and reach a decision within two months, while also affirming that the applicant's history as a fugitive warranted a cautious approach to the bail application. |
| Summary |
In the case of Abdullah vs. The State, the Sindh High Court addressed a criminal bail application concerning serious charges including Qatl-e-amd and attempt to commit murder. The court considered the applicant's lengthy abscondence, which was a crucial factor in the decision to deny bail. Despite the acquittal of a co-accused, the court found that the circumstances surrounding that acquittal did not mitigate the applicant's situation. The ruling highlighted the principles of justice and procedural law, noting that a fugitive's rights are diminished. The applicant's legal team argued for bail based on the severity of the injuries and the acquittal of the co-accused, but the court concluded that the serious nature of the charges and the applicant's abscondence warranted a denial of bail. This case underscores the importance of expediting trials in the interest of justice, especially when serious allegations are involved. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID ANWAR BAJWA, J
|
| Lawyers |
Faiz Muhammad Larik,
Ameer Ahmed Narejo
|
| Petitioners |
ABDULLAH
|
| Respondents |
THE STATE
|
| Citations |
2012 SLD 2471,
2012 YLR 1945
|
| Other Citations |
Sher Ali alias Sher v. The State 1998 SCMR 190,
Jalaluddin v. The State 1996 MLD 204
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
324,
337-H(2),
148,
149
|