To err in granting bail is better than to err in declining. Where two opinions can reasonably be formed on the basis of the same material, the courts should prefer and act upon that which favours the accused person and actualizes his fundamental rights.

 To err in granting bail is better than to err in declining. Where two opinions can reasonably be formed on the basis of the same material, the courts should prefer and act upon that which favours the accused person and actualizes his fundamental rights. Scope of interference by the Supreme Court with bail granting orders of the High Courts, elaborated.

NAB/Cancellation of Bail C.P.1628/2020

Chairman National Accountability Bureau thr. Prosecutor General Accountability, NAB Headquarters, Islamabad v. Nisar Ahmed Pathan and others

Mr. Justice Syed Mansoor Ali Shah

22-02-2022