Under trial prisoners are sent to judicial lock-up without releasing them on bail in nonbailable offences punishable with imprisonment of less than 10 years.

The Hon’ble apex Court in another case reported as Muhammad Tanveer vs. The State and another (PLD 2017 Supreme Court 733) reiterated principles laid down in Tariq Bashir case (supra) with following observation:-

 “In the case of Tariq Bashir vs. The State (PLD 1995 SC 34), this Court has taken notice of stock of prevailing circumstances where under trial prisoners are sent to judicial lock-up without releasing them on bail in nonbailable offences punishable with imprisonment of less than 10 years. It was held that “bail in such offences shall not be refused.” This Court took further pains by reproducing the entire provision of section 497 Cr.P.C. and further held that “grant of bail in such offences is a rule and refusal shall be an exception, for which cogent and convincing reasons should be recorded”. While elaborating exceptions, albeit it was mentioned by this Court that if there is a danger of the offence being repeated if the accused is released on bail, then grant of bail may be refused like the two courts below in this case have held but it was further elaborated that such opinion of the court shall not be founded on mere apprehension and self assumed factors but the same must be supported by cogent reasons and material available on record and not to be based on surmises and artificial or weak premise.” 

In the para No. 13 of the same case, the Hon’ble Supreme Court of Pakistan further laid emphases on the point in question with the following observation:- 

“Once this Court has held in categorical terms that grant of bail in offences not falling within the prohibitory limb of section 497 Cr.P.C. shall be a rule and refusal shall be an exception then, the Courts of the country should follow this principle in its letter and spirit because principles of law enunciated by this Court are constitutionally binding on all Courts throughout the country including the Special Tribunals and Special Courts.” 

 Part of judgement

IN THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI JUDICIAL DEPARTMENT

Crl. Misc-Post-arrest Bail

1432-B-20

2020 LHC 1635