Pre - arrest bail -
Merits of the case --- While granting pre - arrest bail , the merits of the case can be touched upon by the Court .
2023 SCMR 1712
2023 SCMR 1773
Offences not falling within the prohibitory clause of section 497 , Cr.P.C .--- Grant of bail in offences not falling within the prohibitory clause is a rule and refusal is an exception .
2023 SCMR 1729
Bail --- Registration of other Inconsequential --- Mere registration of other criminal case against an accused does not disentitle him for the grant of bail if on merits he has a prima facie case .
2023 SCMR 1712
Bail --- Offences not falling within the prohibitory clause of section 497 , Cr.P.C .--- For such offences grant of bail is the rule and refusal thereof an exception .
2023 SCMR 1773
Murderous assault --- Bail , refusal of --- In the ocular account a specific role had been ascribed to the accused - petitioner --- Admittedly death of deceased was caused due to fire arm injuries --- All the accused persons , including the petitioner , were armed with firearm weapons , the details of which were mentioned in the FIR --- Offence was said to have been committed by the petitioner and other co - accused when the complainant party was cultivating their own land , therefore , the possibility of common object which stands for and connotes a prearrangement and common intention / objective of committing the murder of the deceased could not be ruled out --- Delay of one day in lodging FIR had already considered by the High Court with ample reasoning which was not fatal to the in the given circumstances --- Co - accused prosecution case assigned a similar role to that of petitioner was refused pre arrest bail by the High Court and he subsequently withdrew his bail application from the Supreme Court , as a result of which he was still behind bars -- So far as the plea of alibi was concerned , no proper details were provided to demonstrate that the petitioner was actually behind bars in some other case and on which date and time he was released by the Magistrate in the other case --- Petition for leave to appeal was dismissed , and petitioner was refused bail .
2023 SCMR 1724
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