Syed SADIQ vs State Ss — 2026 PLD 13 KARACHI-HIGH-COURT-SINDH

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Syed SADIQ VS State Ss. 497(1), third proviso & 561-a---Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984), S. 5(6)---Constitution of Pakistan, arts. 10-a & 199(1)(c)---Penal Code (XLV of 1860), Ss.408, 409, 420, 468, 471, 477-a, 109 & 34---Criminal breach of trust by a clerk or servant, criminal breach of trust by public servant, cheating and dishonestly inducing delivery of property, forgery for valuable security, forged document, using as genuine a forged document, criminal misconduct, falsification of accounts, abetment, common intention---Bail, grant of---Statutory ground of delay in conclusion of the trial---attribution of delay to prosecution and Court, but not to any act or omission of applicant/accused---Right of an accused to expeditious and fair trial has been enshrined in the Constitution---Object of criminal law is to make accused face trail and not to punish him as an undertrial prisoner---Intention of law is that a criminal case must be disposed of without unnecessary delay---Inordinate delay in imparting justice is likely to cause erosion of public confidence in the judicial system on one hand, and on the other hand, it is bound to create a sense of helplessness and despair and fillings of frustration and anguish apart from adding to their woes and miseries---accused cannot be deprived of his/her liberty without due process of law; if any delay occurs in trial due to the act of the Court or prosecution, then the liberty of accused cannot be curtailed for the fault on the part of the Court and prosecution---Per force of ratio decidendi laid down in case of "Syed Raza Hussain Bukhari v. The State and others" (PLD 2022 SC 733) High Court was excluded from the constraints imposed on Special Court under S. 5(6) of the Offences in Respect of Banks (Special Courts) Ordinance, 1984, for grant of bail on statutory ground in view of inherent and constitutional powers of High Court under S.561-a,Cr.P.C., and art. 199(1)(c) of the Constitution and for the reason that the constitutional jurisdiction of High Court could not be abridged by sub-constitutional legislation---High Court converted the Criminal Bail application under S. 497,Cr.P.C., into Criminal Miscellaneous application under S. 561-a,Cr.P.C., and for the foregoing facts and reasons allowed the same subject to the condition that if the applicant in any manner tried to misuse the concession of bail, it would be open for the Trial Court to cancel his bail after issuing him the requisite notice---applicant was admitted to bail accordingly.

Syed SADIQ vs State Ss — 2026 PLD 13 KARACHI-HIGH-COURT-SINDH

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