646/2024 Cr.Bail TALHA SAMOO S/O GHULAM NABI (Applicant) V/S THE STATE (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
646/2024 Cr.Bail TALHA SAMOO S/O GHULAM NABI (Applicant) V/S THE STATE (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 12-JUL-24
In such circumstances, when the offenses do not fall within the prohibition contained in Section 497(1) Cr. P.C and punishment of the offense is less than 10 years, the Supreme Court in the case of Iftikhar Ahmed v The State PLD 2021 SC 799 has given loud and clear directions to all courts in the country that granting bail in offenses not falling within the prohibitory limb of section 497, Cr.P.C. shall be a rule, and refusal shall be an exception, then, the subordinate Courts should follow this principle in its letter and spirit because principles of law enunciated by this Court under Article 203 of the Constitution of the Islamic Republic of Pakistan, 1973 is binding on all subordinate Courts. My view is supported by the decision rendered by the Supreme Court in the case of The State v. Syed Qaim Ali Shah (1992 SCMR 2192) and the famous case of Khan Asfandyar Wali and others v. Federation of Pakistan (PLD 2001 SC 607).