Law: Criminal Procedure Code (V of 1898)

Section: 498/498-A

Law: Pakistan Penal Code, 1860

Section: 337-F(i)/354

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 498/498-A--Pakistan Penal Code, (XLV of 1860), S. 337-F(i)/354--Pre-arrest bail in bailable offence--Confirmation of--Accused had applied for his pre-arrest bail in bailable offence under Sections 337-F(i)/354, PPC--Sections 496, 497 and 498 of the Code although are inter-connected but reading of the same constructs certain distinctions--Powers under this provision can be exercised by a Court only for a person other than a person accused of a non bailable offence--In bailable cases while remanding the accused to jail on his failure to furnish surety bail bonds, the trial Court shall consider the propriety of his release on execution of personal bond--Judges are supposed to make reasoned decisions based on the facts and the law rather than on the basis of sympathy or empathy for litigants--Interim pre-arrest bail already granted to petitioner is confirmed. [Pp. 512, 514, 515, 516, 518 519] A, B, C, D, E F PLD 2014 SC 760; 2020 PCrLJ (Note) 4; PLD 1963 SC 478; PLD 1995 SC 34; PLD 1997 SC 545; 2001 PCrLJ 1082; AIR 1958 SC 376; AIR 1958 Bom. 1226 ref. JUDGMENT Denial of statutory right to a litigant by the Courts is called injustice. When such refusal relates to liberty of a person having right of bail in bailable offences, it is called gross injustice that means to treat someone in an unfair way. The honorable Supreme Court of Pakistan[1] taking into consideration legitimate rights of a person was pleased to hold that: ‘Liberty is a fundamental right in our constitutional dispensation and a person cannot be deprived of such right save in accordance with law. Sections 54 and 55 of the Code of Criminal Procedure are the main provisions regulating the situations in which a person accused of committing an offence may be arrested by the police and Sections 496, 497 and 498 of the said Code provide for the matter of admission or otherwise of an accused person to bail. Broadly speaking a person accused of a bailable offence has a right of admission to bail and an arrested person can be refund bail if it appears to the court concerned that ‘reasonable grounds’ exist for believing that he has been guilty of an offence…

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