2005 PLP 358 (YLR)
PEARAL‑‑‑-Applicant Versus THE STATE — Respondent
| Citation | 2005 PLP 358 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Sarmad Jalal Osmany, J |
| Parties | PEARAL‑‑‑-Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2005 PLP 358 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 358 (YLR)?
The case was heard and decided by the Karachi bench comprising: Sarmad Jalal Osmany, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 358 (YLR) (PEARAL‑‑‑-Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑‑S.497‑‑-Penal Code (XLV of 1860), S.302‑‑‑Bail, grant of‑‑‑Previously in bail application filed by accused, direction was issued to Trial Court for trial of accused to be concluded within six months, but same had not been done perhaps due to the fact that accused had not been produced before Trial Court on number of occasions‑‑‑Even the charge had not been framed‑‑‑Right of accused to an expeditious and fair trial had been enshrined in the Constitution, whereas accused was behind bars since date of his arrest which was 11‑7‑2001 due to no fault on his part which could not be justified at all‑‑‑Accused was enlarged on bail, in circumstances. Muhammad Iqbal Kalhoro for Applicant. Anwar H. Ansari State Counsel.
Judgment & Decree
‑‑‑‑S.497‑‑-Penal Code (XLV of 1860), S.302‑‑‑Bail, grant of‑‑‑Previously in bail application filed by accused, direction was issued to Trial Court for trial of accused to be concluded within six months, but same had not been done perhaps due to the fact that accused had not been produced before Trial Court on number of occasions‑‑‑Even the charge had not been framed‑‑‑Right of accused to an expeditious and fair trial had been enshrined in the Constitution, whereas accused was behind bars since date of his arrest which was 11‑7‑2001 due to no fault on his part which could not be justified at all‑‑‑Accused was enlarged on bail, in circumstances. Muhammad Iqbal Kalhoro for Applicant. Anwar H. Ansari State Counsel. Learned counsel says that previously in criminal bail application No.386 of 2003, directions were issued by this Court on 17‑11‑2003, for the disposal of the case against the applicant within six months but to date this has not been done. He further says that the applicant has remained behind bars since the date of his arrest viz. 11‑7‑2001 and even the charge has not been framed which is basically due to the fact that the applicant has not been produced by the Jail Authorities before the learned trial Court. Consequently, learned counsel prays that bail be granted to the applicant since it is a case of gross delay in the conclusion of the trial. Learned State counsel has not opposed the grant of bail in the circumstances of the case and according to him per the case diaries the applicant has not been produced on as many as 29 occasions from Jail. I have heard both the learned counsel. It would be seen that previously in criminal bail application No.386 of 2003, vide order dated 17‑11‑2003, a direction was issued by this Court for the trial of the' accused to be concluded within six months. However, the same has not been done perhaps due to the fact that the accused has not been produced before the learned trim, Court on a number of occasions. The result is that even the charge has not been framed. In my opinion the right of an accused to an, expeditious and fair trial has been enshrined in the Constitution of this country whereas in the present case the accused has remained behind bars since the date of his arrest viz. 11‑7‑2001 due to no fault of his. This cannot be justified at all. Consequently, for the foregoing reasons would enlarge the accused on bail subject to his furnishing surety in the sum of Rs.2,00,000 (Two lac) and P.R. bond in the like amount to the satisfaction of the learned trial Court. H.B /P‑14/K Bail granted