ALI BUX vs THE STATE
This matter arises from a criminal bail application before the Sindh High Court, where the accused sought post-arrest bail after being detained for five years on a charge of possessing 250 grams of heroin. The core legal question was whether the protracted detention of the accused without the commencement of trial or recording of evidence warranted the grant of bail, particularly when the maximum possible sentence upon conviction is seven years. The court held that under these circumstances, the applicant was entitled to be released on bail. The key principle laid down is that prolonged incarceration without material progress in the trial constitutes sufficient ground for the grant of post-arrest bail, especially where the period already spent behind bars forms a substantial portion of the maximum potential sentence.
- Does prolonged incarceration without the commencement of trial justify the grant of post-arrest bail?
- Can bail be granted when the accused has already served a substantial portion of the maximum possible sentence?
- Whether the failure to record evidence of witnesses over an extended period entitles an accused to bail?
ORDER
1. ' It is stated that the person has been behind the bars for the last five years. He is charged with having 250 grams of heroin. Even if he was found guilty and convicted the maximum punishment would be seven years. Uptill date the case has not been proceeded and evidence of witnesses have also not been recorded. Under these circumstances bail is granted to the applicant in the sum of Rs,50,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.