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MUHAMMAD NOMAN KHAN vs State S — 2022 YLR 1368 ISLAMABAD

Case information

Citation
2022 YLR 1368 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
YLR
Parties
MUHAMMAD NOMAN KHAN vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 406---C; Penal Code (XLV of 1860)

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

MUHAMMAD NOMAN KHAN VS State S. 497---Penal Code (XLV of 1860), S.406---Criminal breach of trust---Bail, grant of---Involvement in other cases---Effect---Accused was arrested for his failure to return car of complainant which he took for two days---Complainant contended that accused was involved in other criminal cases also---Validity---High Court observed that mere involvement in other cases could not disentitle accused from relief of bail, if accused otherwise had succeeded in bringing his case within the meaning of further inquiry---Liberty of a person is a precious right that has been guaranteed by the Constitution---Where there is slight tilt towards grant of bail, same needs to be preferred over letting one to confine in jail for an indefinite period in the name of trial when conclusion thereof can completely impose due punishment for such released person---Investigation was completed and accused was previously non-convict, who was no more required by police for the purpose of further investigation---Accused had been behind the bars for five months without any progress in trial---Fair and speedy trial was one of the fundamental rights of accused and no moral or legal compulsion existed to keep him behind the bars for an indefinite period which would amount to punishment without trial---Case of accused was one of further inquiry---Bail was allowed, in circumstances.

Other judgments reported in 2022 YLR

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