MAJID ALI vs State S — 2022 PCrLJ 981 ISLAMABAD

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MAJID ALI VS State S.497---Bail---Prohibitory clause---"Reasonable grounds"---Scope---Section 97(1) provides a broad threshold to guide the courts in exercising their discretion in bail matters---Initially the prohibitory part of section 497(1) provided that a person was not to be released on bail if there appeared reasonable grounds for believing that he was guilty of a non-bailable offence that he had been charged with---Said proviso was amended and substituted in 1923 when the prohibition was limited to offences punishable with death or transportation for life---Said provision was once again amended in 1974 and the prohibition in S. 497(1) was extended to offences punishable with death or imprisonment for life or imprisonment for ten years---Legislative intent in view of the words used in S. 497(1) is therefore unambiguous---In relation to offences which attract a maximum punishment of less than ten years, bail is granted as a matter of right---However, in cases where a person has been arrested for a non-bailable offence the maximum punishment for which is up to ten years in prison, the court is required to determine, "if there appears reasonable grounds for believing that he has been guilty" of such offence---Second proviso to S. 497(1), Cr.P.C. places the responsibility of showing cause as to why an accused should not be released on bail upon the prosecution---Prosecution is to satisfy the court that reasonable grounds do exist for supporting the belief that the accused is guilty of an offence punishable with up to ten years of imprisonment---If the prosecution fails to do so, the court can admit an accused to bail under S. 497(1), Cr.P.C. even where he stands accused of a non-bailable offence punishable with death or imprisonment for life or imprisonment for ten years.

MAJID ALI vs State S — 2022 PCrLJ 981 ISLAMABAD

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