Constitution guarantees right of bail, Supreme Court

Supreme Court of Pakistan detailed the ‘bail’ denial in relation to Section 497 CrPC.

A three member bench of the Supreme Court of Pakistan includes Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mandokhail and Justice Athar Minallah heard the bail plea and announced the verdict.

The apex court interpreted, “ According to the third proviso to Section 497 CrPC a court shall release the accused on bail in an offence punishable with death if he has been detained for a continuous period exceeding two years, unless the delay in the trial has been occasioned by an act or omission of the accused or any other person on his behalf or the conditions mentioned in the fourth proviso are attracted.”

Justice Syed Mansoor Ali Shah declared, “ In our view the statutory right to be released on bail under the third proviso to Section 497 CrPC is not merely a statutory right but also stands firmly on constitutional guarantees under Article 4, 9 and 10A of the Constitution.”

The court further stated, “ For an accused to be denied statutory bail, it must be demonstrated that his act or
omission, was intentionally aimed at prolonging the trial.”