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| 2025 SLG 3557 2025 SLD 3557 = 2025 MLD 770 |
Criminal Bail Application No. 1809 of 2024, decided on 7th October, 2024.
Before Muhammad Saleem Jessar, J
Muhammad Umar Panhwar for Applicants. Saleem Akhtar Buriro, Addl. Prosecutor General, Sindh along with SIP Mushtaq of P.S Mominabad, Karachi for the State. Date of hearing: 7th October, 2024.
HASSAN ALAM and another---Applicants
VERSUS
The STATE---Respondent
Law: Criminal Procedure Code, 1898
Section: 497(2) , 498
Law: Penal Code (XLV of 1860)
Section: 353, 186, 147, 148 , 149
Criminal Procedure Code ( V of 1898 ) ---
---- Ss. 497(2) & 498 ---Penal Code ( XLV of 1860) , Ss. 353, 186, 147, 148 & 149---Assault or criminal force to deters public servant from discharge of his duty, obstructing public servant in discharge of public functions, rioting, armed with deadly weapon , unlawful assembly--- Pre-arrest bail , grant of --- Bailable offence(s) --- Further inquiry---Sessions Court declined grant of pre-arrest bail to the accused persons(petitioners) --- Validity ---No doubt, the applicants were nominated in the FIR, however, the offences with which they had been charged, were bailable---Grant of bail in bailable offence is the indefeasible right of an accused---In present case, though the offences were bailable and grant of bail in bailable offences is indefeasible right of the accused , even then request of the petitioner /accused was turned down by the Court below on flimsy grounds --Case against the applicants required further inquiry in terms of subsection (2) to S.497 Cr.P.C.---Interim bail already granted to the applicants, was confirmed in circumstances.
Mian Mahmud Ali Qasuri and others v. The State PLD 1963 SC 478; Tariq Bashir and 5 others v. The State PLD 1995 SC 34 and Muhammad Tanveer v. The State and another PLD 2017 SC 733 ref.