Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Bail, grant of--Consideration--Assessment of evidence---Words "reasonable grounds to believe "---Scope---While deciding bail application, only tentative assessment is to be made; it is to be seen whether prima facie existence of reasonable grounds are available against accused for offence falling within prohibitory clause of S.497, Cr.P.C. or otherwise---Prosecution has to prove reasonable grounds to believe that accused has committed crime---Liberty of a person is prince consideration as envisaged by all laws and only S.497(1), Cr.P.C. prohibits release of accused in certain conditions---Such conditions must be proved by prosecution, else every citizen has right of liberty and cannot be put in jail without reasonable grounds. (b) Stare decisis, principle of--- ----Definition---Stare decisis, means to stand by a decision and not to disturb the undisturbed---Courts should generally, abide by precedents and not disturb settled matters. (c) Precedent--- ----Advantage---Scope---Advantage of system of precedents is that legal principles are framed not merely a conceptions in abstracto but as practical rules operating in concreto. (d) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(b)---Criminal Procedure Code (V of 1898), Ss.497 & 498-Constitution of Pakistan, Art. 199---Constitutional jurisdiction of High Court---Scope---Bail, grant or refusal of---Parameters---Bail can be granted under Constitutional jurisdiction and parameters for grant and refusal of bail are the same as defined under Ss.497 & 498, Cr.P. C. NAB v. Khalid Masood and another 2005 SCMR 1291; Haji Ghulam Ali v. The State 2003 SCMR 597 and Abdul Aziz Niazi v. The State PLD 2003 SC.668 rel. (e) National Accountability Ordi­nance (XVIII of 1999)--- ----Ss.9 (a) (ix) (x), Sched., item 5 & (b)---Criminal Procedure Code (V of 1898), S.497(2)---Constitution of Pakistan, Art.199---Constitutional petition---Pre arrest bail, grant of---Further inquiry---Prima facie case---Proof---Principle of consistency-Applicability-Documentary evidence---Petitioners were nominated as accused in reference filed by NAB, alleging criminal breach…

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