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2005 YLR 358

PEARAL vs THE STATE

Citation2005 YLR 358
CourtSindh High Court
Case No.Criminal Bail Application No,S-521 of 2004
Date2004-09-10
Judge(s)Sarmad Jalal Osmany
ResultBail granted

ORDER

1. ' 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.

2. ' 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.

3. ' 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.

4. ' 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 trial 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 I 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.

Cited by 3 cases

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