1117/2024 Cr.Bail JAWAD KHAN S/O ABDUL LATEEF (Applicant) V/S THE STATE (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 05-JUL-24
The essential prerequisite for the grant of bail by sub-Section (2) of Section 497, Cr.P.C. is that the Court must be satisfied based on the material placed on record that there are reasonable grounds to believe that the accused is not guilty of an offense punishable with death or imprisonment for life. The condition of this Clause is that sufficient grounds exist for further inquiry into the guilt of the accused, which would mean that the question should be such, that has nexus with the result of the case and can show or tend to show that the accused was not guilty of the offense with which he is charged. 8. Primarily, grant or rejection of bail is a discretionary relief but such discretion should be exercised fairly and judicially. The word discretion when applied to Court means sound discretion judiciously guided by law and to lessen the hardship of the people. For what has been discussed above, prima facie the applicant has made out a case for further inquiry into their guilt within the meaning of Section 497(2), Cr.P.C. 9. For the foregoing reasons, the applicant Jawad Khan is admitted to post-arrest bail in Crime No. 04 of 2024 under Section 6/9-2 S. No. 3 and 6/9-2 S No. 6 of CNS amended Act 2022 of PS Excise West subject to his furnishing solvent surety in the sum of Rs. 100,000/- (Rupees one hundred thousand Only) and P.R Bond in the like amount to the satisfaction of the trial Court.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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