Law: Criminal Procedure Code (V of 1898)

Section: 497(5),497,91,204,200,204,205,190

Law: Pakistan Penal Code, 1860

Section: 302

(a) Criminal Procedure Code (V of 1898)-------Ss. 91 & 204---Power to take bond for appearance and issue of summons-Scope-Sections 91 & 204, Cr.P.C. are not restricted in their application to cases instituted on a private complaint under S.200, Cr.P.C.---Provisions of S.91, Cr.P.C. are general in nature and are applicable to any person for whose appearance or arrest a Court is empowered to issue a summons or a warrant. 2005 PCr.LJ 768; 2005 P.Cr.LJ 505; Mazhar Hussain Shah v. State 1986 PCr.LJ 2359; Ajit Singh v. State AIR 1970 Dehli 155; Madhu Umaye v. S.D.M. 1971 I.Cr.LJ 1720 and AIR 1971 SC 2486 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 91, 204 & 497(5)---Penal Code (XLV of 1860), Ss.302/324/148/ 149---Cancellation of bail, refusal of---Accused who were placed in Column No.2 of the Challan were summoned by the Sessions Court and on their appearance were directed to submit bail bonds in the sum of Rs.100,000 with one surety each in the like amount to the satisfaction of the Court, vide the impugned order---Sessions Court, after taking cognizance, had competently passed the said order which was consistent with the provisions of S.91, Cr.P.C. which were not only applicable to the private complaints instituted under S.200, Cr.P.C. but were also applicable to the cases based on an F.I.R.---Purpose of S.91, Cr.P.C. was to ensure presence of accused, who were directed by the Court to execute the bonds---Bail allowed to accused was not cancelled and impugned order was upheld accordingly. 2005 PCr.LJ 768 and 2005 P.Cr.LJ 505 distinguished. Mazhar Hussain Shah v. State 1986 PCr.LJ 2359; Ajit Singh v. State AIR 1970 Dehli 155; Madhu Umaye v. S.D.M. 1971 I.Cr.LJ 1720 and AIR 1971 SC 2486 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 91---Power to take bond for appearance---Purpose and scope---Purpose of S.91, Cr.P.C. is to ensure or demand presence of the accused who is directed by the Court to execute the bond---Provisions of S.91, Cr.P.C. are applicable to a person who is present in Court and is free, and not to a person who is already under arrest and in custody. ORDER SYED SHABBAR RAZA RIZVI, J.---The petitioner filed this…

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