Bail --- Offences , not falling within the prohibitory clause of section 497 , Cr.P.C --- For such offences grant of bail is a rule and refusal is an exception.
2023 SCMR 1948
2023 SCMR 1977
Bail - Absconsion --- Absconsion cannot be viewed as a proof for the offence and the same alone cannot be made a ground to discard the relief sought for .
2023 SCMR 1948
2023 SCMR 1977
Mere registration of other criminal cases against an accused does not disentitle him for the grant of bail if on merits he has a prima facie case
Bail --- Absconsion of accused --- Absconsion cannot be viewed as a proof for the offence --- Mere ground to discard the relief sought for as disappearance of a absconsion cannot be made a person after the occurrence is but natural if he is involved in a murder case rightly or wrongly .
2023 SCMR 1898
2023 SCMR 1977
489 - F --- Constitution of Pakistan , Art . 185 ( 3 ) --- Dishonestly issuing a cheque --- Bail , grant of Further inquiry --- Admittedly , the petitioner ( accused ) was tenant of the complainant and prima facie any claim for recovery of rent falls within the domain of Rent Controller --- In this view of the matter , the question whether the cheque was issued towards repayment of loan or fulfillment of an section 489 - F , P.P.C. is a question , which would be resolved obligation within the meaning of by the Trial Court after recording of evidence --- Petitioner is behind the bars for the last about six months --- Maximum punishment provided under the statute for the offence under section 489 - F , P.P.C. is three years and the same does not fall within the prohibitory clause of section 497 , Cr.P.C .---
2023 SCMR 1898
Ss . 302 . 324 , 148 & 149 --- Constitution of Pakistan , Art . 185 ( 3 ) --- Murderous assault --- Ad - interim pre - arrest bail , confirmation of --- Further inquiry - Generalized allegation of causing indiscriminate firing has been alleged against the petitioner ( accused ) , however , during the course of investigation , it transpired that the petitioner was empty handed at the time of occurrence and he has not been ascribed any overt act --- Such opinion of the police has not been challenged , rather the petitioner was placed in column No. 2 of the report furnished under section 173 , Cr.P.C .-- Stance of the petitioner was that in - fact complainant party was the aggressor and two persons from the petitioner's side also sustained injuries during the occurrence , which were suppressed by the complainant side --- Admittedly the petitioner himself surrendered before the law and joined investigation --- In these circumstances , it is the Trial Court , who after recording of evidence would decide about the guilt or otherwise of the petitioner and till then the petitioner cannot be put behind bars for an indefinite period --- Petitioner is a student having no criminal history and keeping him behind bars with hardened criminals would not be in the interest of justice --- Case of the petitioner squarely falls within the ambit of section 497 ( 2 ) , Cr.P.C. entitling for further inquiry into his guilt --- Petition for leave to appeal was converted into appeal and allowed , and ad interim pre - arrest bail granted to the petitioner was confirmed .
0 Comments