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SAKINA vs State S — 2022 PLD 18 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2022 PLD 18 HIGH-COURT-AZAD-KASHMIR
Year
2022
Reporter
PLD
Parties
SAKINA vs State S
Subject matter
Criminal
Provisions referred to
S. 497---B; 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

SAKINA VS State S. 497---Bail---Discretionary jurisdiction---Scope---Right of an accused to be enlarged on bail under the provisions of S. 497(1), Cr.P.C. is a statutory right which cannot be denied under the discretionary powers of the Court, however, bail under the 3rd proviso to S. 497(1), Cr.P.C. can be refused to an accused by the Court only on two grounds that (i) if the delay in the conclusion of trial was occasioned on account of any act or omission of the accused or any other person acting on his behalf and (ii) if the case of the accused falls under the 4th proviso to S. 497(1), Cr.P.C.---Court has to determine the heinousness, gravity and brutality of offence while allowing bail to an accused.

Other judgments reported in 2022 PLD

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