987/2024 Cr.Bail Shahid S/o Abdul Ghani (Applicant) V/S The State (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 11-JUL-24
It is settled that when an offense is also punishable with a fine only, the accused shall be entitled to bail as of right because if at the trial he is only sentenced to a fine, period as under trial prisoner due to refusal of bail shall amount to a case of double jeopardy. The Supreme Court in the case of Iftikhar Ahmed v The State PLD 2021 SC 799, has held in categorical terms that granting of bail in offenses not falling within the prohibitory limb of section 497, Cr.P.C. shall be a rule, and refusal shall be a exception and directed the Courts of the country to follow this principle in its letter and spirit because principles of law enunciated by the Supreme Court are constitutionally binding [under Article 189] on all Courts throughout the country.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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