Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(1)--Pakistan Penal Code, (XLV of 1860), Ss. 302, 109, 148 & 149--Bail, dismissed--Accused persons of non bailable offence in two categories, first category in of those accused persons who had allegedly committed offences which are punishable with less than 10 years and are non-bailable--This category of accused persons may be ordinarily admitted to bail--Bail may be refused in exceptional circumstance, in the nature of offence, previous history of the accused his conduct, repetition of offence by such accused etc. Second category is of these accused persons who are guilty of offence punishable with more than 10 years--There is a bar for the grant of bail to such accused persons unless reasonable grounds are available for delivering that he is not guilty of such an offence--If a person accused of non-bailable offence is summoned by a Court u/S. 204, Cr.P.C. is not only required to execute bond u/S. 91, Cr.P.C. for his appearance but it is also required that either he be taken into custody by the Court and if he is to be released on bail then before such release a notice to prosecution is to be issued and the grant or refusal of bail is then to be examined on its own merits. It is thus evident that a person accused of non-bailable offence should either be in the custody of the Court or in the custody of a surety in terms of Section 497--Execution of bond u/S. 91, Cr.P.C. does not quality the above test--Nature of the offence is also heinous and brutal--Bail dismissed. THIS ORDER PASSED BY: MUHAMMAD KHALID ALVI, JUSITCE---.--- This single order disposes of Crl. Misc. No. 1829-B-2008 titled "Shaukat Rasool versus The State" and Crl. Misc. No. 2865-B-2008 titled "Noor Muhammad versus The State" as both these applications arise out of the same FIR. 2. Shaukat Rasool and Noor Muhammad petitioners seek their bail after arrest in case FIR No. 103/2007 dated 23.03.2007 under Sections 302, 109, 148 and 149 PPC at Police Station Sadar Jalalpur Pirwala, District Multan. Precisely allegation against the petitioners is that they caused injuries with sotas on the person of Haq Nawaz, deceased son of the complainant,…

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