ABID HUSSAIN vs TASSAWAR HUSSAIN Ss — 2021 SCMR 518 SUPREME-COURT

Case information

Citation: 2021 SCMR 518 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: ABID HUSSAIN vs TASSAWAR HUSSAIN Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABID HUSSAIN VS TASSAWAR HUSSAIN Ss. 498 & 497---Constitution of Pakistan, Arts. 4 & 9---"Pre-arrest" and "post-arrest" bail--- Distinction--- Right to liberty---Scope---Constitution pledged freedom to law abiding citizens; an offender, alleged to have committed some crime, was subject to a different legal regime; he was certainly entitled to due process of law and a fair and speedy trial, however, once taken in custody, his release was regulated by the provisions of the Code of Criminal Procedure, 1898 and he must make out a case within the statutory framework provided thereunder, therefore, a pre-arrest bail could not be granted as a substitute for post arrest bail.

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