𝕸𝖔𝖍𝖆𝖒𝖒𝖆𝖉 𝕱𝖆𝖗𝖍𝖆𝖓 𝕾𝖍𝖊𝖎𝖐𝖍

2023 SCMR 884
عبوری ضمانت منظور کرتے وقت عدالت کو کیس کے میرٹ کو دیکھنا ضروری ہے۔
2023 SCMR 884
Crime report was lodged after an inordinate delay of five days for which not even a single word had been put forward by the complainant --- Delayed registration of FIR prima facie showed deliberations and consultation on the part of the complainant --- Co accused persons , who were specifically named in the crime report , had already been granted pre - arrest bail --- Possibility could not be ruled out that the accused had been involved in the case by throwing a wider net by the complainant especially when it was the case of the accused that the FIR was registered against a person named " Z " but the name of the accused had subsequently been added portraying his alias as " Z " --- Accused was a young man having no criminal history and keeping him behind the bars with hardened criminals would not be in the interest of justice --- Case of the accused squarely fell within the ambit of section 497 ( 2 ) , Cr.P.C. entitling for further inquiry into his guilt --- Petition for leave to appeal was converted into appeal and allowed , and ad - interim bail granted to accused was confirmed .
2023 SCMR 884
Pre-arrest bail --- Merits of the case --- While granting pre - arrest bail , the merits of the case can be touched upon by the Court .