“i) If the bail granting order is patently illegal, erroneous, factually incorrect and has resulted into miscarriage of justice.
ii) That the accused has misused the concession of bail in any manner.
iii) That accused has tried to hamper prosecution evidence by persuading/pressurizing prosecution witnesses.
iv) That there is likelihood of absconsion of the accused beyond the jurisdiction of court.
v) That the accused has attempted to interfere with the smooth course of investigation.
vi) That accused misused his liberty while indulging into similar offence.
vii) That some fresh facts and material has been collected during the course of investigation with tends to establish guilt of the accused.
“ordinarily the superior courts are reluctant to interfere into the order extending concession of bail. The rationale behind is that once concession of bail is granted by a court of competent jurisdiction then very strong and exceptional grounds would be required to hamper with the concession extended to a person who is otherwise clothed with free life, any contrary action of the court would be synonymous to curtailing the liberty of such person, which otherwise is a precious right guaranteed under the Constitution of the country. Our judicial system has evolved beside others the concept of "benefit of reasonable doubt" for the sake of safe administration of criminal justice which cannot only be extended at the time of adjudication before the trial court or court of appeal rather if it is satisfying all legal contours, then it must be extended even at bail stage which is a sine qua non of a judicial pronouncement, hence, any unjustified action by the court of law intruding into the affairs would certainly frustrate the free life of an accused person after availing the concession of bail. It is not beyond the legitimate expectations that in our society mere levelling of accusation basing upon trumped-up charges is not something beyond imagination. Therefore, false implication/ exploitation which has become epidemic in our society has to be safeguarded by the majesty of the courts.”
CRIMINAL PETITION NO. 1145-L OF 2020
Zafar Iqbal, Mazhar Hussain & Muhammad Saleh VERSUS The State etc
11th of October, 2021
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