Case Details

Citation(s)
2004 SLG 2747 2004 SLD 2747 2004 PLD 388
Sindh High Court
Criminal Revision Application No. 110 of 2003, decided on 2nd April, 2004
GHULAM NABI SOOMRO, J
Khawaja Naveed Ahmad for Applicant. Ismat Mehdi, Advocate. HabiburRasheed for the State.

Dr. HASAN JALISI--Applicant

VS

THE STATE and 3 others

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss.337-F(i)/341/504/506(ii)--Application for cancellation of pre-arrest bail---Admittedly the offences were punishable between one month and seven years imprisonment and the accused would be entitled to post arrest bail tomorrow if they were sent to jail today ---Challan had been submitted in the Trial Court where the accused were appearing regularly---No concept of punishment exist in law without a finding of guilty and the accused deserved such benefit in the circumstances of the case---Petition for cancellation of bail was dismissed accordingly. Muhammad Ramzan v. Zafarullah and another 1986 SCMR 1380 ref. ORDER Respondents Nos. 2, 3 and 4 have been granted pre-arrest bail in a case under sections 337-F(i)/341/504/506(ii), P.P.C. by the Court of learned Sessions Judge, Karachi (South) by its order dated 17-7-2003 with the following observations:-- "It appears that there is civil litigation between the parties. Investigating Officer states that the accused persons have cooperated in the investigation and their statement have been recorded. No further investigation is required. In my humble view no purpose would he served if the applicants are sent to jail as they are otherwise entitled for bail. I, therefore confirm the interim bail before arrest earlier granted to the accused…
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