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Prohibition on grant of bail

Prohibition on grant of bail legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2019 YLR 1340 HIGH-COURT-AZAD-KASHMIR Judicial Precedent
Ss. 9(b), 9(c) & 51Criminal Procedure Code (V of 1898), Ss. 496 & 497Possessing and trafficking of narcoticsProhibition on grant of bailPhrase "fit case for grant of bail"Bail, refusal ofAccused persons were charged for possessing and selling of 1140 and 1120 grams of 'charas' respectively

Plea of the accused persons was that their case fell within the borderline of subsection (b) & (c) of S. 9 of Control of Narcotic Substances Act, 1997

Validity

'Charas' recovered from accused persons exceeded one kilogram

Control of Narcotic Substances Act,1997 had enshrined the figure upto one kilogram, which could not be twisted by a court of law

According to S.51, Control of Narcotic Substances Act, 1997 no bail could be granted in respect of offences committed under Control of Narcotic Substances Act, 1997 and provisions of Ss. 496 & 497, Cr.P.C. had been excluded

Elbow room was, however, left at the discretion of the court under subsection (2) of S.51, Control of Narcotic Substances Act, 1997 where statute had laid down that bail should not normally be granted unless court was of the opinion that case was fit for grant of bail

Words "fit case for grant of bail" used in Control of Narcotic Substances Act, 1997 depended on facts of an individual case and required circumstances favourable to accused

Grant of bail was refused.

2013 MLD 140 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
S. 497BailProhibition on grant of bailPrinciples

Minimum sentence of the offence has to be taken into consideration in order to determine whether offence falls within prohibitory clause of S. 497, Cr.P.C.

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Precedents & Case Laws citing "Prohibition on grant of bail"

YLR 2002
Criminal Miscellaneous No.3055‑B of 2001, decided on 8th January, 2002.

2002 Y L R 3598

ABDUL SATTAR‑‑‑Petitioner Versus THE STATE‑‑‑Respondent

Court: Lahore
PCRLJ 2000
1999-December-6

2000 P Cr

SUCHA GUL — Petitioner Versus THE STATE — Respondent

Court: Peshawar
PLD 1968
Criminal Miscellaneous No. 3305 of 1967, decided on 8th March 1968.

P L D 1968 Lahore 1030

REHMAT MASIH‑Petitioner Versus THE STATE‑.Respondent

Court:
MLD 2012
2011-September-7

2012 M L D 909

MUHAMMAD IRFAN KHAN and another — Petitioners Versus THE STATE and another — Respondents

Court: Lahore
PCRLJ 2025
its own facts. The decision whether to grant or refuse bail, depends upon multiple factors, even if the alleged offence is hit by the prohibitory clause of section 497(1) Cr.P.C. All those factors can be considered collectively as well as in isolation so as to reach a just conclusion. The question of bail is directly linked to right of liberty of an individual, who, unless found guilty on conclusion of trial, has to be considered innocent. Therefore, a slightest dent, visible on tentative assessment of material available on record, in the prosecution's case, would entitle the accused to grant of bail, even if the offence alleged to have been committed is hit by the prohibitory clause. The prohibition on grant of bail in section 497(1) Cr.P.C. is not absolute, rather dependent on satisfaction of the Court to believe that reasonable grounds exists that the accused is connected with the commission of offence. No hard and fast rule can be laid down to regulate discretion of the Court relating to its satisfaction for grant/refusal of bail. The Court may take into account all the grounds collectively or any one of them in view of the peculiar facts and circumstances of the case and grant or refuse bail. In Manzoor's[17] case, the Supreme Court has laid down the golden principle relating to bail. In the referred case it was held that "It is to remember that bail is not to be withheld as a punishment. There is no legal or moral compulsion to keep people in jail merely on the allegations that they have committed offences punishable with death or transportation, unless reasonable grounds appear to exist to disclose their complicity. The ultimate conviction and Incarceration of a guilty person can repair the wrong caused by a mistaken relief of interim bail granted to him, but no satisfactory reparation can be offered to an innocent man for his unjustified incarceration at any stage of the case albeit his acquittal in the long run

2025 P Cr

Barkat ullah — Petitioner Versus The State and another — Respondents

Court: Islamabad
YLR 2019
Criminal Appeals Nos.24 and 28 of 2018, decided on 23rd January, 2019.

2019 Y L R 1340

BABER SHAH and others — Appellant Versus The STATE through Advocate General Azad Jammu and Kashmir, Muzaffarabad — Respondent

Court: High Court AJ&K)
PCRLJ 2017
2016-October-10

2017 P Cr

MUHAMMAD EHSAN — Applicant Versus The STATE (FIA) — Respondent

Court: Sindh
PCRLJ 2000
1999-October-25

2000 P Cr

GUL HASSAN DERO — Applicant Versus THE STATE — Respondent

Court: Karachi
MLD 1988
Bail Application No. 125 of 1988, decided on 1st May, 1988.

1988 M L D 950

NASEER AHMAD‑‑Petitioner Versus THE STATE‑‑Respondent

Court: Special Court (Offences in Banks, Lahore)
MLD 1986
Criminal Miscellaneous No.1913‑B of 1986, decided on 6th August 1986.

1986 M L D 1696

Mst. NOOR BIBI‑‑Petitioner Versus THE STATE‑‑Respondent

Court: Lahore

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