127/2021 Cr.Bail Sabir Ali Khoso (Applicant) V/S The State (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 02-AUG-21
For the aforesaid reasons, the instant bail application merits no consideration is dismissed. However, the learned trial court is directed to expedite the case; dispose of the same preferably within two months from the date of this Order; and, it is made clear that the direction given by this Court in bail matters may not be taken lightly and valid reasons are to be assigned if the same direction is not complied with as now it is well-settled law that to have a speedy trial is the fundamental right of the accused being universally acknowledged. Under the Criminal Procedure Code, a smooth methodology and Scheme for a speedy trial are provided whether it is held by the Sessions Court or Magistrate, in recognition of the said right of an accused person. This principle shall apply more vigorously to the trials before Special Courts, constituted under the CNS Act, or any other special law so that unnecessary delay, a much less shocking one in its conclusion is avoided in all circumstances. Any unreasonable or shocking delay in the conclusion of the trial, before Special Courts, would amount to the denial of justice, or to say, denial of fundamental rights to the accused, of speedy trial. On the aforesaid proposition. In this context, I am fortified with the decision rendered by the Honble Supreme Court of Pakistan in the case of Imtiaz Ahmed vs. The State (2017 SCMR 1194).Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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