Denial of post-arrest bail in non-prohibitory offence in a case falling under one of the exceptions in Tariq Bashir case.

 Offence under Section 489-F, PPC does not fall within the prohibitory clause of Section 497(1) CrPC and bail in such a matter is a rule and refusal an exception. The grounds for the case to fall within the exceptions meriting denial of bail include

(a) the likelihood of the petitioner’s abscondence to escape trial;

(b) his tampering with the prosecution evidence or influencing the prosecution witnesses to obstruct the course of justice; or

(c) his repeating the offence keeping in view his previous criminal record or the desperate manner in which he has prima facie acted in the commission of offence alleged. The prosecution has to show if the case of the petitioner falls within any of these exceptions on the basis of the material on the record.

Crl.P.860-L/2021

Muhammad Imran v. The State, etc

Mr. Justice Syed Mansoor Ali Shah

10-08-2021

05-08-2021