Law:

Section:

(a) Criminal Procedure Code (V of 1898)-----Ss. 403. 236 & 237---Words "same offence" as used in S.403(i), Cr.P.C. ---Significance---Persons once convicted or acquitted not to be tried for the same offence---Law givers, in order to attract the provisions of S-4o3; Cr.P.C., have laid stress on the words "same offence" for the purpose Of debarring second trial of an accused person, who has been once convicted acquitted from an offence charged against him---Apart from the offence in which the accused may have already been tried and convicted or acquitted at the previous trial, the protection contained in subsection (1) of S.403. Cr.P.C. extends to an offence for which a charge different from the one made against tint accused at the pre, ious trial might have been made on the same facts under S.236, Cr.P.C and also in respect bf an offence for which the right have teen coavictcd at the previous trial under S.237, Cr.P.C., but the protection clearly does not extend to those facts not at all alleged at the previous trial. (b) Criminal Procedure Code (V of 1898)-----S.497---Bail---Assessment of evidence---Discussion in depth on law as well as factual points at the stage of considering an application for bail under S.497, Cr.P.C. is not advisable because it tray cause prejudice the case of either of the parties at the time of trial. (c) Criminal Procedure Code (V of 1898)------Ss. 497 & 403(1)---National Accountability Bureau Ordinance (XVIII of 1999), Ss.9/10---Constitution of Pakistan (1973), Art.185(3)---Bail--­Aceused had made out an arguable case to attract the provisions of S:403(1), Cr.P.C. because in respect of the same charges embodied in the previous reference he had already been acquitted, therefore, for the same offence basing on same evidence as well as facts, trial would be subject to final consideration by the Trial Court on the point whether for the second time he could be tried and sentenced or not in the present reference---Allegations against the accused for possessing the properties more than his actual share or taking over possession of the properties either forcibly from their actual owners or purchasing them at a low price and thereby…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492