The Higher Court docket will have to foundation its discretionary conclusion-earning in bail instances on set up concepts of legislation laid out via the Supreme Court docket, as laid down in precedent cases.
Pre-arrest bail purposes that handle humiliation or unwarranted harassment are legitimate grounds. It ought to nonetheless be demonstrated that this kind of motives are legitimate.
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At the time bail is granted by a competent courtroom of legislation, sturdy and Excellent grounds should be current to cancel it. The Supreme Court docket typically will not likely intervene with Superior Court docket orders Until They are really patently illegal, incorrect, factually inaccurate, or have resulted in miscarriage of justice – nevertheless this doesn't preclude it from cancelling it on its own, Illustration need to they deem the situation to warrant such cancellation (PLJ 1993 Cr.C (Quetta)174: Haji Behram Khan v Akhtar Mahmood etc).
Last but not least, Prices The High Court may well assessment orders passed by Classes Judge concerning bail apps manufactured on bail purposes; on my website the other hand they need to refrain from interfering before performing exercises their discretionary powers by both reviewing their final decision or interfering before working out their discretionary powers to take action.
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