MAJID ALI vs State S — 2022 PCrLJ 981 ISLAMABAD

Case information

Citation: 2022 PCrLJ 981 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PCRLJ
Parties: MAJID ALI vs State S
Subject matter: Criminal
Provisions referred to: S. 497---C; S. 497

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

MAJID ALI VS State S. 497---Constitution of Pakistan, Arts. 9 & 10-A---Bail---Security of person---Right to fair trial---Scope---Legislature has determined the scope of discretion vested in a court to release a person on bail who has been accused of a non-bailable offence---Legislature in balancing the interest of the State in prosecuting offenders and the rights of a person to liberty (till such time that he or she has been convicted after a fair trial) could have left only the most heinous offences within the prohibitory clause of S. 497(1), Cr.P.C.---Such would probably be in line with provisions of Arts. 9 & 10-A of the Constitution and the settled principle of fairness and justice that a person is presumed to be innocent until proven guilty---Legislature has not done so and has placed fetters on the right to liberty of a person who is accused of a non-bailable offence punishable for up to ten years in prison---Only discretion vested in the Court for purposes of bail in an offence falling under S. 497(1), Cr.P.C., is for the court to satisfy itself that sufficient grounds exist to support a belief that the person arrested is guilty of an offence he has been charged---Court cannot give the words of S. 497(1), and specially the word "punishable" used therein any meaning other than its ordinary textual meaning which inevitably means that given that punishment up to ten years imprisonment is prescribed in relation to a large number of offences, the persons accused of such offences are not entitled to bail as a matter of right.

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2022 PCrLJ 259 LAHORE-HIGH-COURT-LAHOREROHAN AHMAD VS State S. 497---Expressions "appears" and "brought"---Scope---Expression "appears" means appears in response to a summon by Co…
2022 PCrLJ 203 LAHORE-HIGH-COURT-LAHORESHERAZ KHAN VS State Preamble, Ss. 27, 28, 30, 36, 44 & 50---Legal recognition of offences committed in relation to information system, Paki…
2022 PCrLJ 259 LAHORE-HIGH-COURT-LAHOREROHAN AHMAD VS State Ss. 344 & 497---Penal Code (XLV of 1860), Ss. 295-B, 298-C, 120-B, 34 & 109---prevention of electronic Crimes Act (XL o…
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