KARACHI: The Sindh High Court has deplored that a number of trial courts have been denying bail applications in the cases of bailable offences which was further burdening the high court.

The SHC directed the subordinate judiciary to strictly comply with the guidelines provided by the Supreme Court while dealing with the matters related bail.

“This is neither fair to a person nor in compliance with the principles enunciated by the Supreme Court on the grant of bail falling within the non-prohibitory clause of section 479 of CrPC,” it added.

The single-judge bench of SHC headed by Justice Omar Sial made such observations while hearing a bail application.

“Surprisingly, some learned trial courts have denied bail even in cases of bailable offences. Consequently, the high court is further burdened, apart from the drain on the state exchequer and the litigants’ expenses”, the bench in its order said.

While citing several judgements of the apex court on the subject issue, it also noted that bail applications should not be denied in accordance with law as a person’s liberty should not be infringed upon arbitrarily or unreasoned.

“Sufficient room has been allowed in these precedents to deny bail in cases falling under the non-prohibitory clause, but courts should ensure that they give reasons to drift from those principles. A legal system that has people’s confidence will otherwise remain a dream,” it concluded.

Published in Dawn, December 5th, 2023