General Bail Judgments

 

PLJ 2024 SC (Cr.C.) 124

Crl.P.701/2023 
Ch. Saeed Ahmad Khalil v. The State thr. P.G. Punjab another

The principal accused has been granted post - arrest bail by the court of competent jurisdiction . In these circumstances any order by this Court on any technical ground that the consideration for pre - arrest bail and post - arrest bail are entirely on different footing would be only limited up to the arrest of the petitioner because of the reason that soon after his arrest he would be entitled for the concession of post - arrest bail on the plea of consistency.

Mere fraud of huge amount is no ground to decline bail to an accused . 

It is now established that while granting pre - arrest bail , the merits of the case can be touched upon by the Court . 

This Court in a number of cases has held that liber of a person is a cious right which cannot be taken away without exceptional foundations . 

Mere registration of other criminal case against an accused does not disentitle him for the grant of bail if on merits he has a prima facie case .

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