Imposition of conditions

2017 PLD 665 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 9 (b)Constitution of Pakistan, Art. 199Constitutional petitionBail, grant ofImposition of conditions

Petitioner was accused under National Accountability Ordinance, 1999, who was admitted to bail with a condition to surrender his passport and his name was placed on "Exit Control List"

Plea raised by petitioner was that no condition could be imposed in bail granting order

Validity

When bail was granted to petitioner, it was felt necessary by High Court to procure passport and to place his name on "Exit Control List"

Court while granting bail was duty bound to prescribe type of surety it needed for securing attendance of accused

Even a routine bail order contained certain conditions between the lines

Order of surrendering passport and placing name on "Exit Control List" was done as a practice and routine being followed in bail matter pertaining to NAB

High Court declined to interfere in bail granting order, there being illegality in the order

Courts were not required to pass mechanical orders and had to take into consideration the status of sureties, their validity as well as circumstances which would provide satisfaction to Court that order of concession of bail would not be misused

Constitutional petition was dismissed in circumstances.