Supreme Court Justice Qazi Muhammad Amin Ahmed has ruled that grant of bail cannot be subjected to ‘riders and conditions’ during hearing of a case pertaining to a white-collar crime.
According to a news report published in The Express Tribune, the order came while granting post-arrest bail to accused/petitioner Jahanzeb Khan who had allegedly issued two cheques to complainant Masoodur Rehman in the sums of Rs2,000,000 and Rs9,700,000, respectively, but the financial instruments were bounced.
"Judicial discretion in bail matters is by now clearly contoured. Having regards to the facts and circumstances of each case, the court may decline the request even in cases falling outside the remit of prohibition. However, exercise of judicial authority cannot be abandoned to relegate in subservience to the arrangements inter se the parties for the disposal of bail petitions nor the corporal coercion can be allowed to extract swift settlements or concessions in lieu of a promised freedom," said a two-page order authored by Justice Ahmed.
The two-judge bench of the apex court noted that it would be inexpedient to attend factual divergence over the impugned arrangement that appeared to have paved the petitioner’s way for his release on bail at the magisterial forum through a negotiated settlement though retracted subsequently, a circumstance resulting into cancellation thereof; it appeared to have weighed with the high court to decline the request as well.
The court held that grant of bail cannot be subjected to riders and conditions, if otherwise, a case stands made out. “In criminal dispensation of justice, the court being an independent adjudicator at all stages must religiously maintain its neutrality without having any responsibility to the either side; it is more important in cases involving recoveries and retrievals for the complainant, designed to be effected through plenary modes and procedures other than criminal prosecution" said the order.
The court also observed that continuous detention of the accused was not likely to improve upon the investigative process, already concluded, thus, he could not be held behind the bars as a strategy for punishment.
The newspaper quoted the renowned criminal law expert Advocate Saiful Malook as saying that Justice Amin in the said order had given new dimensions to grant of bail in 489 F-PPC.
The lawyer said it was for the first time that the apex court held that jurisdiction of court could not be subjected to any condition.
According to a news report published in The Express Tribune, the order came while granting post-arrest bail to accused/petitioner Jahanzeb Khan who had allegedly issued two cheques to complainant Masoodur Rehman in the sums of Rs2,000,000 and Rs9,700,000, respectively, but the financial instruments were bounced.
"Judicial discretion in bail matters is by now clearly contoured. Having regards to the facts and circumstances of each case, the court may decline the request even in cases falling outside the remit of prohibition. However, exercise of judicial authority cannot be abandoned to relegate in subservience to the arrangements inter se the parties for the disposal of bail petitions nor the corporal coercion can be allowed to extract swift settlements or concessions in lieu of a promised freedom," said a two-page order authored by Justice Ahmed.
The two-judge bench of the apex court noted that it would be inexpedient to attend factual divergence over the impugned arrangement that appeared to have paved the petitioner’s way for his release on bail at the magisterial forum through a negotiated settlement though retracted subsequently, a circumstance resulting into cancellation thereof; it appeared to have weighed with the high court to decline the request as well.
The court held that grant of bail cannot be subjected to riders and conditions, if otherwise, a case stands made out. “In criminal dispensation of justice, the court being an independent adjudicator at all stages must religiously maintain its neutrality without having any responsibility to the either side; it is more important in cases involving recoveries and retrievals for the complainant, designed to be effected through plenary modes and procedures other than criminal prosecution" said the order.
The court also observed that continuous detention of the accused was not likely to improve upon the investigative process, already concluded, thus, he could not be held behind the bars as a strategy for punishment.
The newspaper quoted the renowned criminal law expert Advocate Saiful Malook as saying that Justice Amin in the said order had given new dimensions to grant of bail in 489 F-PPC.
The lawyer said it was for the first time that the apex court held that jurisdiction of court could not be subjected to any condition.