| Citation(s) |
|---|
| 2021 SLG 1560 2021 SLD 1560 2021 YLR 1392 |
Sindh High Court
Criminal Bail Application No. 692 of 2020, decided on 15th May, 2020.
ABDUL MAALIK GADDI, JUSTICE, MRS. RASHIDA ASAD, JUSTICE
Raja Hassan Nawaz for Applicant. Zafar Ahmed Khan, Additional Advocate General, Sindh for the State.
Criminal Bail Application No. 692 of 2020, decided on 15th May, 2020.
ABDUL MAALIK GADDI, JUSTICE, MRS. RASHIDA ASAD, JUSTICE
Raja Hassan Nawaz for Applicant. Zafar Ahmed Khan, Additional Advocate General, Sindh for the State.
SHABBIR AHMED
VS
THE STATE
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Sindh Arms Act, 2013
Section: 4,5
Law: Anti Terrorism Act, 1997
Section: 7
Criminal Procedure Code (V of 1898)--- ----S. 497---Sindh Arms Act (V of 2013), S. 23(1)(a)---Explosive Substances Act (VI of 1908), Ss. 4 5---Anti-Terrorism Act (XXVII of 1997), S. 7---Possession of illegal weapons, explosives and grenade, act of terrorism---Bail, disposal of---Allegedly, the statements of prosecution witnesses and statements of accused involved in the case had been recorded---Further proceedings could not be taken place as the Presiding Officer of the trial court was on earned leave and trial was being delayed---Accused was also chronic heart patient with high blood pressure and was not being properly treated inside the jail---Accused would be satisfied and would not press the bail application, if the matter was transferred to other court for its disposal---Scope---Record showed that accused was arrested in that case on 11.3.2015 and since then he was behind the bars, almost more than four (4) years had been passed, but trial had still not been concluded---Expeditious and fair trial was fundamental right of the accused as envisaged under Art. 10A of the Constitution---Delay in disposal of case and imparting justice could reduce the confidence of public in judicial system and would cause frustration and anguish---Object of criminal prosecution was not to punish undertrial prisoners for alleged offence and accused could not be detained for an indefinite period without remedy of trial---Present matter along with connected matters was withdrawn from the file of Anti-Terrorism Court and transferred to the other Anti-Terrorism Court for their disposal according to law---Transferee Court was directed to proceed those cases and decide the same as early as possible as per law---Since, the accused was facing heart disease, which was not disputed, therefore, under the circumstances, Superintendent, Central Prison, was also directed to provide all medical facilities to the accused inside jail and if his treatment was not possible inside the jail then he might be referred to any government recognized hospital for his treatment, but as per law---Bail application stood disposed of in the above terms ORDER ABDUL MAALIK GADDI, J.---1. Urgency disposed of. 2.…
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