987/2024 Cr.Bail Shahid S/o Abdul Ghani (Applicant) V/S The State (Respondent)

Sindh High CourtCriminal Law2024

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)

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.

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987/2024 Cr.Bail Shahid S/o Abdul Ghani (Applicant) V/S The State (Respondent)

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