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Bail in Bailable Offences is a Statutory Right and cannot be refused at the Discretion of the Court --- Islamabad High Court, Islamabad

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Bail in Bailable Offences is a Statutory Right and cannot be refused at the Discretion of the Court --- Islamabad High Court, Islamabad

Islamabad 27-03-2025: The Islamabad High Court (IHC) has granted pre-arrest bail to Petitioner in [Criminal Miscellaneous No. 356 of 2025], ruling that bail in bailable offences is a statutory right and cannot be refused at the discretion of the Court. The judgment, authored by Mr. Justice Inaam Ameen Minhas, sets a significant precedent in cases involving bailable offences under the Pakistan Penal Code (PPC).

The Petitioner sought pre-arrest bail in a case registered under Sections 420 (cheating and dishonestly inducing delivery of property) and 170 (personating a public servant) of the PPC at Police Station Koral, Islamabad. According to the First Information Report (FIR No. 82/2022), the complainant alleged that Amir, impersonating a CIA official, fraudulently received Rs. 700,000 in exchange for the sale of a commercial plot but failed to transfer ownership or possession.

The Petitioner initially applied for pre-arrest bail before the Additional Sessions Judge, but his petitions were dismissed multiple times for non-prosecution. He cited traffic congestion due to a political rally as the reason for his absence, but the trial Court did not accept this justification. Subsequently, Amir approached the Islamabad High Court (IHC) for relief.

In his judgment, Mr. Justice Inaam Ameen Minhas emphasized that under Section 496 of the Criminal Procedure Code (Cr.P.C), bail in bailable offences is an absolute right of the accused, and the Court is legally bound to grant it. The judge further clarified that procedural technicalities should not be used to deny fundamental rights.

Citing Supreme Court precedents, including (PLD 2014 SC 760) Alam Zeb Vs. The State and (2021 P Cr. L J 1300) Mumtaz alias Bhutto Vs. The State, the Court ruled that the Additional Sessions Judge had exercised discretion arbitrarily, resulting in a miscarriage of justice.

The Islamabad High Court (IHC) allowed the petition and confirmed Petitioner pre-arrest bail, directing him to furnish bail bonds worth Rs. 50,000 along with one surety of the same amount.

This judgment reinforces the principle that bail in bailable offences is a statutory right and cannot be refused on procedural grounds, ensuring due process for accused individuals.