AMIR AKBER KHAN vs NATIONAL ACCOUNTABILITY BUREAU Ss — 2022 PLD 440 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLD 440 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLD
Parties: AMIR AKBER KHAN vs NATIONAL ACCOUNTABILITY BUREAU Ss
Subject matter: Criminal
Provisions referred to: S. 496

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

AMIR AKBER KHAN VS NATIONAL ACCOUNTABILITY BUREAU Ss. 496 & 497---appearing of accused before Court---Exercise of discretion---Principle---Right of accused to be released on bail under Ss. 496 & 497, Cr.P.C., one thing is common and sine qua non in both the provisions, that is, the court exercising discretion through a judicial order granting bail to him when he either appears himself or is brought before it---Under S.496, Cr.P.C. dealing with bailable offences, such discretion is exercised in favour of accused under the influence of law itself---In non-bailable offence, such discretion, be it the first category or the second one, is not automatically generated in favour of accused on account of his right to it but is contingent upon fulfillment of certain conditions, which include, among others, a compulsory notice to prosecution, resultant adjudication to determine existence or otherwise of reasonable material/grounds against him, exercise of discretion by Court in favour of accused in the form of judicial order, reasons for doing so, and its compliance by accused.

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