suprem court bail judgment

24 October at 18:55 ·

SUPREME COURT ON BAIL

-Ss. 426(1) & 497---Suspension of sentence and grant of bail ---Principles---Provisions under S.426(1), Cr.P.C. are analogous to the one contained in S.497, Cr.P.C.; in both the cases the sentence
2010 SCMR 580

Cancellation of bail ---Principles---Considerations for cancellation of bail are different from those for grant of bail ---bail can be cancelled, if the order on the face of it is perverse, patently

2010 SCMR 576

Cancellation of bail granted on medical ground---Principles---Grant of bail to an accused on medical ground is not a State bounty in perpetuity, which once granted cannot be withdrawn

2010 SCMR 1989

Special provision---Scope---When law makers have provided some special provision in statute to bar the jurisdiction of Special Court established under such enactment, due weight is to be given to such

2009 SCMR 1488

bail ---Principles---Courts in cases, where offence falls within non-prohibitory clause of S.497, Cr.P.C., consider favourably by granting bail as a rule but decline to do so in

2009 SCMR 1210

bail ---Further inquiry---Where evidence on record is °vague and sketchy and prosecution version leaves much to be inquired into, the bail can be granted by pressing into service the concept of

2009 SCMR 1202

-Cancellation of bail ---Principle---Considerations for cancellation of bail are quite distinct from the considerations for grant of bail ---Strong and exceptional grounds are required for cancelling

2009 PLD 58 SC

bail ---Counter-versions---Further inquiry---Cases of counter-versions arising from the same incident, one given by the complainant in F.I.R. and the other given by the opposite party, are covered for

2009 SCMR 834

Forfeiture of surety bond---General rule---Courts while forfeiting bail bond amount should not show any undue leniency and their approach should be dynamic and progressive-oriented with the desire to

2009 SCMR 734

-bail ---Trial belated---bail cannot be claimed as a matter of right in a criminal offence merely for the reason that trial has not proceeded, particularly when the facts and circumstances of the case

2009 PLD 749 SC

bail petitions etc., filing of---Instructions to avoid delay in disposal of urgent cases---In view of the difficulties of the accused persons confined in custody, it was ordered on administration side

2009 PLD 427 SC

bail before arrest, grant of---Framework within which and the guidelines according to which, the jurisdiction vesting in the High Courts and Courts of Session is to be exercised summarized.

2009 PLD 427 SC

bail before arrest, grant of---Framework within which and the guidelines according to which, the jurisdiction vesting in the High Courts and Courts of Session is to be exercised summarized.

2008 SCMR 807

bail does not mean acquittal of accused but only change of custody from Government agencies to the sureties, who on furnishing bonds take responsibility to produce the accused whenever and wherever he

2008 SCMR 173

Constitution of Pakistan (1973), Art.185(3)---bail , grant of---Rule of consistency---Co-accused in the case had already been admitted to bail ---Accused were also allowed bail in view of the rule of

2008 SCMR 1489

S. 526---Penal Code (XLV of 1860), Ss.302/324/148/149/109---Constitution of Pakistan (1973), Art.l85(3)---Transfer of case---Grant of bail to one accused by the Trial Court by itself was not a valid

2008 SCMR 1316

S. 497---Constitution of Pakistan (1973), Art.185(3)---bail , grant of----Petitioner had called in question order passed by High Court whereby his petition for grant of bail was dismissed---No

2008 SCMR 980

S. 497---Pre-arrest bail , grant of---Object---Pre-arrest bail may be granted when a case is based on enmity, mala fide, registered for ulterior motive, or where no offence is shown to have been

2007 SCMR 843

Ss. 497(1) & 498---Prevention of Corruption Act (II of 1947), S.5(2)---Penal Code (XLV of 1860), Ss.419/420/468/471/109---Pre-¬arrest bail , confirmation of---No direct evidence was available with

2007 SCMR 575

-S. 514---Penal Code (XLV of 1860), Ss.302, 324, 395, 148 & 149---Forfeiture of bail bond---Reduction in amount of surety---Accused persons for whom petitioners stood surety having absented

2007 SCMR 482

--S. 497(5)---Penal Code (XLV of 1860), S.302---bail , cancellation of---Principles---Jurisdiction of Supreme Court---Scope---Supreme Court, ordinarily does not interfere with the order of High Court

2007 PLD 564 SC

2008 SCMR 807

bail does not mean acquittal of accused but only change of custody from Government agencies to the sureties, who on furnishing bonds take responsibility to produce the accused whenever and wherever he

2008 SCMR 173

Constitution of Pakistan (1973), Art.185(3)---bail , grant of---Rule of consistency---Co-accused in the case had already been admitted to bail ---Accused were also allowed bail in view of the rule of

2008 SCMR 1489

S. 526---Penal Code (XLV of 1860), Ss.302/324/148/149/109---Constitution of Pakistan (1973), Art.l85(3)---Transfer of case---Grant of bail to one accused by the Trial Court by itself was not a valid

2008 SCMR 1316

S. 497---Constitution of Pakistan (1973), Art.185(3)---bail , grant of----Petitioner had called in question order passed by High Court whereby his petition for grant of bail was dismissed---No

2008 SCMR 980

S. 497---Pre-arrest bail , grant of---Object---Pre-arrest bail may be granted when a case is based on enmity, mala fide, registered for ulterior motive, or where no offence is shown to have been

2007 SCMR 843

Ss. 497(1) & 498---Prevention of Corruption Act (II of 1947), S.5(2)---Penal Code (XLV of 1860), Ss.419/420/468/471/109---Pre-¬arrest bail , confirmation of---No direct evidence was available with

2007 SCMR 575

-S. 514---Penal Code (XLV of 1860), Ss.302, 324, 395, 148 & 149---Forfeiture of bail bond---Reduction in amount of surety---Accused persons for whom petitioners stood surety having absented

2007 SCMR 482

--S. 497(5)---Penal Code (XLV of 1860), S.302---bail , cancellation of---Principles---Jurisdiction of Supreme Court---Scope---Supreme Court, ordinarily does not interfere with the order of High Court

2007 PLD 564 SC

-Ss. 426(1) & 497---Suspension of sentence and grant of bail ---Principles---Provisions under S.426(1), Cr.P.C. are analogous to the one contained in S.497, Cr.P.C.; in both the cases the sentence
2007 PLD 255 SC

--Art. 185(2)---Criminal appeal---Maintainability---Principle that fugitive from justice loses right of hearing appeal filed on his behalf through a counsel---Scope---Only basis of such principle is

2007 SCMR 1607

S. 498---bail before arrest, grant of---Principles. bail before arrest can be granted when the arrest of accused is eminent, with ulterior motive, mala fide or is due to false implication apparent on

2006 SCMR 1292

-S. 497(5)---Penal Code (XLV of 1860), Ss.302, 324, 129, 120-B & 34---bail , cancellation of---Conspiracy---Abetment---Amalgamating the act of "abetment" with "conspiracy" for commission of offence

2006 SCMR 1265

--S. 497---bail ---Where the charge had been framed, High Court may have directed for completion of trial by adopting certain modalities.
Court is empowered to cancel the bail if the order

2006 SCMR 1225

-Ss. 426, 496 & 497---Power conferred under S.426, Cr.P.C. is not controlled by the provisions of Ss.496 and 497, Cr.P.C., but the principles enunciated therein can be taken into consideration

2005 SCMR 1291

-Art. 199---National Accountability Ordinance (XVIII of 1999), S.9(b)---Constitutional jurisdiction of High Court under Art.199 of the Constitution---Scope---bail , grant of-High Court can always grant

2005 PLD 364 SC

-S. 497(1)(5)---bail on medical ground, grant of---Criteria---Right of prosecution to seek cancellation of bailafter improvement of health of accused---Principles stated.

2005 SCMR 1524

-Ss. 306(c) & 308---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence---Dead body of deceased was recovered from house of accused where deceased was living with him as his wife

2004 SCMR 1167

-S. 498---Pre-arrest bail ---Direct approach to High Court---Practice and procedure---Normally a person against whom a case has been registered, may approach in the first instance the original Court i.

2002 SCMR 442

Ss. 497 & 498---bail in non-bail able offences---None can claim bail as of right in non-bail able offences even though the same do not fall under the prohibitory clause of S.497, Cr.P.C.
2002 SCMR 282

bail ---- bail cannot be withheld as punishment on accusation of non-bail able offences against an accused

2002 SCMR 184

Criminal Procedure Code (Cr.P.C) ----Ss. 497/498---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by the Supreme Court to consider whether after withdrawal of first bail

2002 PLD 1 SC

Criminal Procedure Code (Cr.P.C) ----Ss. 497 & 498---Constitution of Pakistan (1973), Art. 184(3)---bail ---Suo motu criminal review under Art. 184(3) of the Constitution by the Supreme Court---

2000 SCMR 48

Criminal Procedure Code (Cr.P.C) S. 497---Constitution of Pakistan (1973), Art. 185(3) grant or refusal of bail---Cancellation of bail ---Leave to appeal was granted by Supreme Court to examine

2000 SCMR 1854

Principle of vicarious liability---Applicability---Accused persons had only 'Sotis' with them and did not cause any injury to the deceased---Only simple injuries were caused by accused to victim---

1999 SCMR 338

Criminal Procedure Code (Cr.P.C) Ss. 497 & 498---bail , gram and cancellation of---Principles---No hard and fast rule can be laid down that bail should not be cancelled merely because the trial has

1999 SCMR 2823

Criminal Procedure Code (Cr.P.C) S. 497---Constitution of Pakistan (1973), Art. 185(3)---bail , grant of ---Well reasoned discretionary order of High Court granting bail to accused, could not be

1999 SCMR 2148

Criminal Procedure Code (Cr.P.C) S. 497---Penal Code (XLV of 1860), S. 302---Constitution of Pakistan (1973), Art. 185 (3)---bail ---Sessions Court had rightly exercised discretion in allowing bail to

1998 SCMR 908

Offences in Respect of Banks (Special Courts) Ordinance 1984 S. 5(7) Fixation of amount of bail Object Object of fixing the amount of bail in a case is not to penalize the person facing the trial, but

1998 SCMR 496

Criminal Procedure Code (Cr.P.C) ----S. 497---bail ---Appreciation of evidence---Appreciation of evidence cannot take place at bail stage. -[Evidence]

1998 PLD 97 SC

Pakistan Penal Code ----S. 497---Penal Code (XLV of 1860), S.302/34---bail , grant of---ilea of alibi---Effect---bail can be granted in a case of capital charge on the plea of alibi if peculiar facts

1998 SCMR 1758

Pakistan Penal Code ----S. 409/420/467/468/471/109---Prevention of Corruption Act (II of 1947), S.5(2)---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to

1998 SCMR 1528

Criminal Procedure Code (Cr.P.C) ----S. 497/498---bail ---Accused can be detained in jail pending investigation or decision provided the dictates of justice and public good so demand---Refusal or grant

1998 PLD 1 SC

bail Concept.---- Relief given by a Court like release of an accused on bail is not procedural--Principles---Grant or refusal of bail does not. bring any progress in trial of an accused facing a

1997 SCMR 1275

Criminal Procedure Code (Cr.P.C) -----S. 497(1), first proviso---bail on medical ground---Every ailment does no attract invocation of discretion contained in first proviso to S. 497(1), Cr.P.C.----

1997 SCMR 1234

Criminal Procedure Code (Cr.P.C) S. 498---Pre-arrest bail ---Principle---Arrest for ulterior motives such as humiliation and unjustified harassment is a valid consideration for .grant of pre-arrest

1997 SCMR 361

Criminal Procedure Code (Cr.P.C) ----S. 497 (1), fourth proviso---Refusal of bail ---bail can be refused to an accused under the fourth proviso to S. 497 (1), Cr.P.C. despite the fact that his trial

1997 PLD 545 SC

Pakistan Penal Code ----S. 497---Penal Code (XLV of 1860), Ss.161, 120, 120-B, 223, 224, 225, 427, 457, 166, 34 & 109---Prevention of Corruption Act (I1 of 1947), S.5(2)--bail , refusal to grant---

1997 SCMR 1829

Criminal Procedure Code (Cr.P.C) ----S. 497/498---Penal Code (XLV of 1860), S.302/34---bail ---Plea of alibi--Plea of alibi raised in a bail matter may not be outrightly rejected and can be gone into

1997 SCMR 1361

Constitution of Pakistan 1973 ----Art. 184(3)---Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984), S.4---bail ---Constitutional petitions had been directly filed under Art.184(3) of