MUHAMMAD ISMAIL vs State S — 2023 YLR 1291 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 1291 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: MUHAMMAD ISMAIL vs State S
Subject matter: Criminal
Provisions referred to: S. 497---B

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 ISMAIL VS State S. 497---Bail---Scope---Liberty of a person is paramount consideration---While dealing with the question of whether or not bail is to be granted to an accused, it has to be kept in mind that the object of bail is to secure the attendance of the accused at the trial---Object is neither punitive nor preventive---Imprisonment of a person and deprivation of his liberty cannot be described other than being a punishment, unless no less restrictive alternative is available to ensure that the accused will stand his trial when called upon to do so---Every accused will be presumed to be blue eyed boy of the law until and unless he may be found guilty of the alleged charge and law cannot be stretched upon in favour of the prosecution, particularly at bail stage---Mere gravity of the offence may not disentitle the applicant from concession of bail as bail cannot be withheld as an advanced punishment and he cannot be kept behind the bars for an indefinite period.

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