2022 SCMR 326
S. 497---Constitution of Pakistan, Art. 185(3)---Subsequent/second Bail petition, filing of---Fresh grounds---Scope---Accused can maintain a subsequent Bail petition, at post-arrest stage, only on the strength of a fresh ground, accrued after dismissal of his first plea (for Bail )---Ground earlier available but abandoned cannot be received as a fresh ground and, thus, consequences of withdrawal of a Bail petition, made at any stage of hearing, cannot be quantified nor viewed as simpliciter and as such does not allow space for a second attempt in the absence of a newly accrued ground.
2017 SCMR 531
BAIL GRANT IN 35 KG OF CHARAS
497.S.9(c) Possession of narcotics, bail grant of, accused suffering from physical disability, allegation against accused was that he was present with the principle accused in a car, which contained 35 kilograms of narcotic (charas) accused was crippled person who had suffered from polio virus and both his leg were not normal, concession could be granted to an accused who was disabled, presently there was no clear evidence/material to reasonable established the connection of the accused with the principle accused, who was still at large and who was in exclusive control of the care, being its owner, and to whom knowledge of the presence of the narcotic could be conveniently attributed, prosecution could lead evidence at trial to reasonably connect the accused with the constructive knowledge about the presence of the narcotics in the car but on the available record it was not a case where bail could be justifiably refused, accused was granted bail accordingly.
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