Mst. Nighat Manzoor vs State S — 2025 PCrLJ 931 ISLAMABAD

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Mst. Nighat Manzoor VS State S. 497(1), first Proviso---Customs act, (IV of 1969), Ss. 2(s), 16, 156(1)(8)(70)(i)(e) & 139---Imports and Exports (Control), act (XXXIX of 1950), S. 3(1)---Possessing gold ornaments over the allowed limit while travelling abroad---Smuggling, allegation of---Post-arrest bail, grant of---Woman accused---Entitlement to bail---Scope---allegation against accused (a lady passenger at airport) was that, during her search, raw gold weighing 934 grams and jewelry weighing 1214 grams were recovered from her purse for which she failed to produce any valid document for transporting the same---First proviso of S.497 (1) of the Code of Criminal Procedure (Cr.P.C) stipulates that the Court may order the release on bail of any person under the age of 16 years, any woman, any person who is sick or infirm who is accused of an offence--- The term 'such an offence' in Proviso refer to offences listed under the second part of the prohibitory class of S.497 (1) of Cr.P.C, as for all other non-bailable offences, the Court is already empowered to grant bail under the first part of 497(1), Cr.P.C; therefore, the first proviso grants the Court the same discretion to grant bail in respect of offences covered by the prohibitory clause against the accused persons who are under the age of 16, women and those who are sick or infirm as it does under the first provision of 497 (1), Cr.P.C ; this means that for the persons mentioned in the first proviso to S.497, bail should generally be granted and refusal should only be in exceptional circumstances---No exceptional circumstances existed in the present case meriting dismissal of the present bail application---Petitioner (woman accused) was granted post-arrest bail, in circumstances.

Mst. Nighat Manzoor vs State S — 2025 PCrLJ 931 ISLAMABAD

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