MAJID ALI vs State S — 2022 PCrLJ 981 ISLAMABAD

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MAJID ALI VS State S. 497---Bail---Prohibitory clause---Word "punishable"---Scope---Plain reading of S. 497, Cr.P.C. suggests that it is the maximum sentence prescribed that is to be considered in relation to an offence for purposes of determining whether or not such offence falls within the prohibitory clause---First part of S. 497(1), Cr.P.C. is permissive and allows a person arrested to be released on bail who is accused of a non-bailable offence---Second part of S. 497(1), Cr.P.C. contains a prohibition against the release of a person arrested for being accused of a non-bailable offence and has come to be recognized as the prohibitory part of S. 497 (i.e. the prohibitory clause)---Prohibition is applicable in relation to a person who has been arrested after being accused of a non-bailable offence "punishable" with death or imprisonment for life or imprisonment for ten years---Operative word here is "punishable"---Word "punishable" has been defined to mean "subject to a punishment" when used in relation to a person---Meaning of the word "punishable" therefore clarifies that in the event that a person has been charged for an offence which could possibly result in the punishment of ten years in prison such offence would fall within the prohibitory clause---Any offence in relation to which punishment has been prescribed in the form of a range and it has been left to the court to determine the sentence in view of the facts of the case, but the maximum punishment that could possibly be awarded for such offence is ten years, would fall within the prohibitory part of S. 497(1), Cr.P.C.---Simply put, it is the maximum punishment and not the minimum punishment in relation to an offence under P.P.C. that determines whether or not the accused is "punishable" for ten years and whether the offence in question falls within the prohibitory clause or not---Court was not to try and predict the possible sentence that would be imposed on a person under arrest for being an accused of a non-bailable offence.

MAJID ALI vs State S — 2022 PCrLJ 981 ISLAMABAD

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