Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 147,148,149,302,324

Bail-- ----Principle--It is a well settled principle that while refusing bail it would not be correct to depend on ipsi dixit of police regarding guilt or innocence of an accused, no doubt bail in non-bailable cases is a matter within discretion of Court but said discretion is to be exercised with due care and caution on facts and circumstances of each case, for an offence punishable with death or transportation for life, an accused charged with the same is not to be released on bail if there are reasonable grounds for believing that he has committed such an offence--Onus is on the prosecution to disclose those reasonable grounds and the Court has to examine the record available in the case to find out whether such reasonable grounds exist, to connect the accused with commission of offence alleged against him, Courts' belief on point has to rest on accusations made in report to police, nature and credentials of evidence, which prosecution possess to lead in case and all other relevant circumstances surrounding occurrence. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497-Pakistan Penal Code, 1860, Ss. 302, 324, 147, 148 & 149--Bail after arrest, grant of--General allegation of making fires without having assignement any specific role to applicant--It is important to note here that bail is not to be withheld as a punishment because there is no legal or moral compulsion to keep belief in jail merely on allegation that they have committed offence punishable with death or transportation for life unless reasonable grounds appear to exist to disclose their complicity--Ultimate conviction and incarceration of a guilty person can repair wrong caused by a mistaken relief of bail granted to him, but no satisfactory reparation can be offered to an innocent man for his unjustified incarceration at any stage of case albeit his acquittal in long run--Since investigation of case has been completed, challan of case has also been submitted and trial is in progress, quilt or innocence of accused is yet to be determined by trial Court, therefore, it is a fit case for grant of bail qua accused (applicant). THIS ORDER PASSED BY: NAZEER AHMED LANGOVE, JUSTICE---.---- This…

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