Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 406

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.406---Criminal breach of trust---Bail, grant of---Involvement in other cases---Effect---Accused was arrested for his failure to return car of complainant which he took for two days---Complainant contended that accused was involved in other criminal cases also---Validity---High Court observed that mere involvement in other cases could not disentitle accused from relief of bail, if accused otherwise had succeeded in bringing his case within the meaning of further inquiry---Liberty of a person is a precious right that has been guaranteed by the Constitution---Where there is slight tilt towards grant of bail, same needs to be preferred over letting one to confine in jail for an indefinite period in the name of trial when conclusion thereof can completely impose due punishment for such released person---Investigation was completed and accused was previously non-convict, who was no more required by police for the purpose of further investigation---Accused had been behind the bars for five months without any progress in trial---Fair and speedy trial was one of the fundamental rights of accused and no moral or legal compulsion existed to keep him behind the bars for an indefinite period which would amount to punishment without trial---Case of accused was one of further inquiry---Bail was allowed, in circumstances. Moundar and others v. The State PLD 1990 SC 934; Babar Hussain v. State 2020 SCMR 871; Muhammad Rafique v. State 1997 SCMR 412; Muhammad Abid Farooq v. The State and another 2015 PCr.LJ 224; Jamal-ud-Din alias Zubair Khan v. The State 2012 SCMR 573; Abdul Qadir Motiwala v. State 2000 PCr.LJ 1734; Tariq Bashir and others v. The State PLD 1995 SC 34; Muhammad Tanveer v. The State and another PLD 2017 SC 733; 2011 SCMR 1708; 2016 SCMR 1439; 2020 SCMR 1258 and 2020 SCMR 717 rel. ORDER TARIQ MEHMOOD JAHANGIRI, JUSTICE:---.--- Through the instant petition, the petitioner seeks bail after arrest in case FIR No. 389/21, dated 01.06.2021, offence under section 406, P.P.C. registered at Police Station Ramna, Islamabad. 2. It is alleged that the petitioner/ accused took a car from the…

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