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MUHAMMAD HUSSAIN vs State Ss — 2022 YLR 185 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLR 185 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
YLR
Parties
MUHAMMAD HUSSAIN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 403

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

MUHAMMAD HUSSAIN VS State Ss. 497 & 403---Constitution of Pakistan, Art. 13---Bail---Protection against double punishment and self-incrimination---Person once convicted or acquitted not to be tried for same offence---Scope---When an offence besides being punishable for imprisonment is also punishable alternatively with fine then the accused shall be entitled to bail as of right because if at the trial he is sentenced with fine only then his period as under trial prisoner, due to refusal of bail, shall amount to a case of double jeopardy and similarly, while dealing with such like cases, the refusal of bail would also be in contravention of Art. 13(a) of the Constitution of Islamic Republic of Pakistan, 1973, which embodies the provisions of the maxim nemo debet bis vexari pro eadem causa (No person should be twice disturbed for the same cause) as well as S.403, Cr.P.C.

Other judgments reported in 2022 YLR

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