Muhammad Ali vs The State
The petitioner, Muhammad Ali, sought post-arrest bail in a criminal case registered under Sections 302/34 of the Pakistan Penal Code 1860, following his detention in connection with F.I.R. No. 180/2007. The core legal question before the Lahore High Court was whether the petitioner was entitled to bail based on the delay in the conclusion of his trial. Upon review, the Court observed that the petitioner had been incarcerated for over one year and that the trial had not concluded within the statutory timeframe. Furthermore, the Court noted that the statutory period for the conclusion of the trial had matured prior to the submission of the challan. Relying on the provisions of the Juvenile Justice System Ordinance 2002, the Court held that the petitioner was entitled to bail due to the failure to conclude the trial within one year of his arrest. Consequently, the Court granted the bail application, subject to the petitioner furnishing bail bonds in the amount of Rs. 2,00,000 with one surety.
- Is an accused entitled to bail if the trial does not conclude within one year of arrest under the Juvenile Justice System Ordinance 2002?
- Does the failure to conclude a trial within the statutory period entitle a petitioner to the grant of post-arrest bail?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 10, Juvenile Justice System Ordinance 2002
ORDER MUHAMMAD AKRAM QURESHI, J. - Muhammad Ali son of Ali Sher petitioner has sought post- arrest bail in a case F.I.R. No. 180/2007, dated 27.6.2007 registered under Sections 302/34, P.P.C, at Police Station Malka Hans, District Pakpattan.
2. After hearing the learned counsel for the parties and perusing the record it has been noticed that the petitioner is behind the bars since more than one year and the trial against him has not concluded. The challan against him was submitted in the month of September, 2008, whereas the statutory period matured in the month of July, 2008 much before the submission of challan. Under Section 10 of the Juvenile Justice System Ordinance, 2002 the petitioner becomes entitled to the grant of bail if the trial does not conclude within one year of his arrest, In my view the petitioner has made out a case for the grant of bail. Therefore, he is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- (Rupees two lac) with one surety in the like amount to the satisfaction of learned Trial Court.