MUDASSAR MUKHTAR vs State S — 2022 YLR 1281 ISLAMABAD

Case information

Citation: 2022 YLR 1281 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: YLR
Parties: MUDASSAR MUKHTAR vs State S
Subject matter: Criminal
Provisions referred to: S. 497; Penal Code (XLV of 1860)

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

MUDASSAR MUKHTAR VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Qatl-i-amd and rioting armed with deadly weapons---Bail, grant of---Further inquiry---Completion of Investigation---Effect---Accused was arrested for committing Qatl-i-amd and he sought his release on bail---Held, that bail is not to be withheld as a punishment---No legal or moral compulsion to keep people in jails merely on the allegation that they have committed offences punishable with death or transportation, unless reasonable grounds exist to disclose their complicity---Ultimate conviction and incarceration of a guilty person can repair wrong caused by mistaken relief of bail after arrest granted to him but no satisfactory reparation can be offered to innocent man for his unjustified incarceration at any stage of the case albeit his acquittal in the long run---Investigation was completed and accused was no more required for the purpose of investigation---Accused was previously non-convict and was behind bars for more than six months---Trial of accused did not see any fruitful progress and his further incarceration in jail would not serve any purpose---Case against accused was one of further inquiry---Bail was allowed in circumstances.

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