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SHAHID SHAFIQ ALAM FARIDI vs FEDERATION OF PAKISTAN S — 2021 SCMR 1210 SUPREME-COURT

Case information

Citation
2021 SCMR 1210 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
SHAHID SHAFIQ ALAM FARIDI vs FEDERATION OF PAKISTAN S
Subject matter
Criminal
Provisions referred to
S. 9---C

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHAHID SHAFIQ ALAM FARIDI VS FEDERATION OF PAKISTAN S. 9---Constitution of Pakistan, Art. 199---Corruption and corrupt practices--- Bail, grant of---Unconscionable delay in conclusion of trial---Principle of consistency---One of the co-accused in the Reference who was behind bars for a much shorter period than the present accused persons, had been granted bail by the Supreme Court, on the ground that his prolonged and continued incarceration was unconscionable---Despite strict directions of the High Court to conclude the trial expeditiously, only three more prosecution witnesses had recorded their statements, and seventy-five witnesses still remained to be produced to record their evidence---Moreover the order-sheets of the proceedings before the Accountability Court, showed that the responsibility of the delay in the trial proceedings, could not be entirely saddled upon the accused persons---To keep the accused persons incarcerated in the present case, when a co-accused in the Reference having remained behind bars for a much shorter period had been granted bail on the ground of "unconscionable delay", would not only be legally inappropriate, but would in fact be outrightly unjust---Following the principle of consistency, a case for the grant of post-arrest bail was made out in favour of the accused persons, on the ground of "unconscionable delay"---Petitions for leave to appeal were converted into appeals and allowed and consequently accused persons were admitted to bail with the direction that they shall not leave the country or be allowed to leave the country without permission of the Trial Court.

Other judgments reported in 2021 SCMR

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