MAJID ALI vs State S — 2022 PCrLJ 981 ISLAMABAD

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MAJID ALI VS State S. 497---Bail---Scope---Language of S. 497(1), Cr.P.C., might have been acceptable in a colonial State where the indigenous persons did not enjoy complete citizenship and fundamental rights and the State found it expedient to lock up anyone accused of a non-bailable offence---Every person is presumed innocent until proven guilty, that the benefit of any doubt must be granted to the accused, and that bail is not to be denied to an accused as punishment---Language of S. 497(1), Cr.P.C., vests in a Court the limited discretion to determine if there exist "reasonable grounds for believing" that the accused is "guilty"---Standard applicable is that of a reasonable man and the language of S. 497(1), Cr.P.C., does not require the prosecution to satisfy the "beyond reasonable doubt" standard applicable for securing a conviction---Section 497(1), Cr.P.C. essentially requires a court to prejudge the "guilt" of an accused by applying a "reasonable" man standard, which is a lower standard than the "beyond reasonable doubt" standard, leaving almost no room to grant an accused the benefit of the doubt at the time of considering his entitlement to bail---Such, together with the innumerable offences, which prescribe a punishment of up to 10 years means that the State has to meet a very basic threshold to take away the right of a citizen to liberty guaranteed by Art. 9 of the Constitution, if he is charged with a non-bailable offence---Accused remains hauled up behind bars pending trial in which the State often fails to meet the higher "beyond reasonable doubt" standard (as reflected by conviction rate), resulting in acquittal, but also resulting in the accused having been imprisoned for years, due to denial of bail pending without ever being convicted.

MAJID ALI vs State S — 2022 PCrLJ 981 ISLAMABAD

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