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Bail Applications must be evaluated on their own Merits, considering the Petitioner’s Background and Circumstances --- Supreme Court of Pakistan

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Bail Applications must be evaluated on their own Merits, considering the Petitioner’s Background and Circumstances --- Supreme Court of Pakistan

Islamabad 23-12-2024: The Supreme Court of Pakistan has overturned the Lahore High Court’s decision and granted post-arrest bail to a female petitioner, Amna Naz, in a high-profile smuggling case. The petitioner had been accused of attempting to illegally import 26 foreign-made iPhones worth Rs. 78,46,798 through the green channel of Allama Iqbal International Airport, Lahore, without proper documentation.

The case, registered under the Customs Act, 1969, and the Import and Export (Control) Act, 1950, involved allegations of violating prohibitions under various sections of these laws, including Sections 2(s), 16, 139, 156, 157, 178, and 187 of the Customs Act. The prosecution relied on the prohibitory clause of Section 497 of the Criminal Procedure Code (Cr.P.C.), which applies to offenses carrying severe penalties.

The Court ruled that the Lower Courts had erred by denying bail solely on the basis of the severity of the punishment prescribed. It reiterated that bail applications must be evaluated on their own merits, considering the petitioner’s background and circumstances.

The Supreme Court of Pakistan highlighted the failure of the lower Courts to apply the first proviso of Section 497(1) Cr.P.C., which provides relief to women in certain cases. The Court underscored the petitioner’s clean criminal record and the absence of evidence indicating her involvement in similar offenses.

Mr. Justice Musarrat Hilali observed that keeping the petitioner in custody when all evidence had already been collected amounted to a presumption of guilt, violating the principle of due process.

The Court dismissed the prosecution’s reliance on the petitioner’s travel history, ruling that it was insufficient to infer a likelihood of abscondence or continued engagement in illegal activities.

The Court noted that all necessary evidence had already been gathered, making further custodial interrogation redundant.

The Supreme Court of Pakistan converted the petition into an appeal and allowed it, setting aside the Lahore High Court’s order dated 09.09.2024. The petitioner was admitted to post-arrest bail, subject to furnishing bail bonds of Rs. 500,000 with two sureties.

The judgment underscores the importance of evaluating bail applications on their individual merits and avoiding rigid application of legal provisions. It also reaffirms the principle that the law must provide special consideration for women and prevent the misuse of judicial processes to deny bail unjustly.

This landmark decision is expected to serve as a precedent for future cases involving similar legal and procedural issues, particularly those concerning the rights of women under the Criminal Procedure Code.