HABIBULLAH vs State S — 2023 YLR 2117 KARACHI-HIGH-COURT-SINDH

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HABIBULLAH VS State S.498---Penal Code (XLV of 1860), Ss. 302, 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, unlawful assembly---Bail, refusal of---Non-bailable offence---Extra-ordinary relief of pre-arrest bail---Scope---Petitioner was nominated in FIR with specific role of causing hatchet blow to deceased lady, which landed on her and resulted in her death---Offence with which the petitioner was charged carried capital punishment, therefore, he was not entitled for concession of bail particularly extra-ordinary relief in shape of pre-arrest---Mere fact that complainant of the present case had absconded in a previous FIR having been lodged by brother of the petitioner/ accused, was no ground for granting extraordinary relief---No mala fide on the part of prosecution/complainant had been alleged---Petitioner had failed to make out a case for extra-ordinary relief of concession of bail---Pre-arrest was declined, in circumstances . Citation Name: 2023 YLR 2117 KARACHI-HIGH-COURT-SINDHBookmark this Case HABIBULLAH VS State S.498---Non-bailable offence---Pre-arrest bail---Scope---Bail in non-bailable offence has always been considered by the Courts only where case for bail is made-out---If there appear reasonable grounds for believing that accused is guilty of an offence punishable with death or imprisonment of life, he would not be released on bail until and unless the case is covered by any of the provisions in subsection(1) of S. 497, Criminal Procedure Code, 1898---Bail can not be granted to accused, without considering merits of the case, merely on the plea that every accused is presumed to be innocent unless proved otherwise, as the very concept and purpose of drawing a line between bailable and non-bailable offences as well as various kinds of punishments as prescribed by the law, shall stand frustrated---Discretion vested in the Courts is to be exercised in a judicial fashion and in the light of facts of each case---Where the prosecution collects enough material to constitute reasonable grounds to connect the accused with the alleged offence, the Courts are always slow to accede to the request of bail.

HABIBULLAH vs State S — 2023 YLR 2117 KARACHI-HIGH-COURT-SINDH

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