Matters To be Considered While Granting Bail. Landmark Judgment . Useful v Video in Bail Matter.
Автор: Ashraf Asmi Advocate
Загружено: 2022-09-30
Просмотров: 3743
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#bail #PLD1963Lah
Matters to be considered for grant of bail:
(1) Whether there are reasonable grounds for believing that the accused has committed the offence.
(2) Nature and gravity of the charge.
(3) Severity of punishment in case of conviction.
(4) Apprehension of abscondence when released on bail.
(5) The character, the means and the standing of the accused.
(6) Danger of witnesses being tampered with.
(7) Opportunity to the petitioner to prepare his defence.
(8) The period for which the petitioner has been in jail and when the trial is likely to conclude.
(9) Whether the petitioner is named in the FIR or his description is given in it.
(10) Time taken in lodging the FIR, whether prompt.
(11) Whether the accused is a previous convict.
(12) Whether reasonable possibility of false implication of the accused/petitioner cannot be ruled out. PLD 1997 Kar. 165, Sajjad Hussain.
Considerations for grant of bail.
(1) Every accused presumed not to be guilty. (2) Process of trial should not be allowed to be defeated. (3) Possibility of commission of further offences to be safeguarded. PLD 1963 Lah. 279 Iqbal.
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