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Hassan Alam vs State Ss — 2025 MLD 770 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 MLD 770 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
MLD
Parties
Hassan Alam vs State Ss
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

Hassan Alam VS State Ss. 497(2) & 498 ---Penal Code ( XLV of 1860) , Ss. 353, 186, 147, 148 & 149---Assault or criminal force to deters public servant from discharge of his duty, obstructing public servant in discharge of public functions, rioting, armed with deadly weapon , unlawful assembly--- Pre-arrest bail , grant of --- Bailable offence(s) --- Further inquiry---Sessions Court declined grant of pre-arrest bail to the accused persons(petitioners) --- Validity ---No doubt, the applicants were nominated in the FIR, however, the offences with which they had been charged, were bailable---Grant of bail in bailable offence is the indefeasible right of an accused---In present case, though the offences were bailable and grant of bail in bailable offences is indefeasible right of the accused , even then request of the petitioner /accused was turned down by the Court below on flimsy grounds --- Case against the applicants required further inquiry in terms of subsection (2) to S.497 Cr.P.C.---Interim bail already granted to the applicants, was confirmed in circumstances.

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