ABDUL RASHEED vs MUHAMMAD BUXAL S — 2023 PLD 133 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLD 133 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLD
Parties: ABDUL RASHEED vs MUHAMMAD BUXAL 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

ABDUL RASHEED VS MUHAMMAD BUXAL S. 497 (5)---Penal Code (XLV of 1860), Ss. 302, 337-A(i), 337-F(i), 114 & 148---Qatl-i-amd, Shajjah-i-Khafifah, Ghayr-Jaifah Damihah and rioting armed with deadly weapons---Bail, cancellation of---Direction, non-compliance of---Effect---Change of advocate---Trial Court earlier declined bail to accused but subsequently on same facts bail was allowed by same Judge on the ground of non-compliance of directions of High Court---Validity---Concept of granting bail on failure to comply with any directions of superior court while disposing of bail application of accused was never mandatory---Law itself provided procedure under S.497(1)(b), Cr.P.C.---Course adopted by Trial Court was against mandate of law---For Trial Court to finally settle petitioner's alleged culpability and offence made thereunder on the strength of evidence and available material constituted "reasonable grounds" within the contemplation of S. 497, Cr.P.C. so as to bring his case within the remit of prohibition provided thereunder---There was no occasion for Trial Court to release accused on bail---Grant of bail was a discretionary relief and exercise of discretion was to be structured on sound judicial considerations, particularly in cases punishable with imprisonment of ten years or above---High Court cancelled bail of accused---Application was allowed, in circumstances.

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