Co-accused of the petitioner who was ascribed the similar role , has been granted post - arrest bail by the court of competent jurisdiction . In these circumstances any order by this Court on any technical ground that the consideration for pre - arrest bail and post - arrest bail are entirely on different footing would be only limited upto the arrest of the petitioner because of the reason that soon after her arrest she would be entitled for the concession of post - arrest bail on the plea of consistency .
It is settled law that grant of bail in offences not falling within the prohibitory clause is a rule and refusal is an exception .
This Court in a number of cases has held that liberty of a person is a precious right which cannot be taken away without exceptional foundations . No useful purpose would be served by sending the petitioner behind the bars .
It is now established that while granting pre arrest bail , the merits of the case can be touched upon by the Court .
"Crl.P.90-K/2023 Munawar Bibi v. The StateMr. Justice Sayyed Mazahar Ali Akbar Naqvi 03-08-2023"
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