Law:

Section:

(a) Ehtesab Ordinance (XX of 1997)-------S. 3(2)(3)(4)---Ehtesab Act (IX of 1997), S. 3(3)(4)(5)---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider whether Ehtesab Bench acted within its jurisdiction in directing the accused to furnish cash security while admitting him to bail in Ehtesab Reference. (b) Ehtesab Act (IX of 1997)--- ----S. 31(2)(c)---Ehtesab Ordinance (XX of 1997), Preamble---Repeal of Ehtesab Ordinance, 1997 by S.31, Ehtesab Act, 1997---Effect---Proceedings pending under the Ehtesab Ordinance, 1997 are to continue under the Ehtesab Act, 1997. (c) Ehtesab Ordinance (XX of 1997)--- ----S.3(2)(3)(4)---Ehtesab Act (IX of 1997), S.3(3)(4)(5)---Provisions of S.3(2)(3)(4), Ehtesab Ordinance, 1997 (repealed by Ehtesab Act, 1997) and S.3(3)(4)(5) of Ehtesab Act, 1997---Comparison---Provisions of the Act relating to fixation of the amount of bail are more beneficial to the accused as compared to the provisions in the Ordinance. A comparison of the provisions relating to bail contained in the Ehtesab Ordinance, 1997 and the Ehtesab Act, 1997 would show that in so far the principle for grant of bail both under the Ordinance and the Act is concerned, it remained the same, namely, the grant of bail is an exception in cases arising both tinder the Ordinance and the Act. Therefore, to the extent of the rights of an accused to be enlarged oil bail under the Ordinance, it remained unaffected by the provisions of the Act. However, the provisions in the Act dealing with the conditions on which the accused is to be released on bail by the Court are somewhat different from the Ordinance. Under the Ordinance, the Court, while admitting the accused to nail, was required to fix the amount of bail, keeping in view the gravity of charge against him and in case the charge specified any amount in respect of which the offence was alleged to have been committed, not less than twice the said amount. However, under the Act the amount of bail to be fixed by the Court shall not be less than the amount mentioned in the charge in respect whereof the offence is alleged to have been committed. Under the Ordinance, there was no specific provision…

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