Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,337A(i),A(ii),F(i),L(ii)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.337-A(i), A(ii), F(i), L(ii) & 34---Bail, grant of---Enmity existed between the parties due to matrimonial dispute which arose between the complainant and his wife, who was sister of accused---No incriminating material was recovered at the instance of accused during the investigation---Investigation revealed that accused was not armed with pistol at the time and place of occurrence---Prosecution's allegation to the extent of co-accused had also been found false---Opinion of the police though was not binding on the courts, but while deciding bail applications, same could be validly taken into consideration by them---Offence allegedly committed by accused being punishable with a maximum sentence of five years, did not fall within the prohibitory clause of S.497, Cr.P.C.---Granting of bail was a rule, while refusal was an exception; in cases falling outside the prohibitory clause of S.497, Cr.P.C.---Bail could be refused to accused, in exceptional cases, despite the fact that offence allegedly committed by him did not fall within the prohibitory clause of S.497, Cr.P.C.---Number of F.I.Rs., though were registered against accused, but most of the cases registered against him had already been found false---Everybody was presumed to be innocent till proved to be otherwise---Accused being a government servant, was not likely to abscond in case of grant of bail in his favour---Accused was suffering pre-trial punishment since 23-8-2008---Accused was admitted to bail, in circumstances. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, grant of---Purpose---Allowing of bail, would not mean the acquittal of accused, but meaning and purpose of bail was handing over the custody of accused to surety, who would take the responsibility of producing accused before the Trial Court as and when accused would be summoned or required by it. THIS ORDER PASSED BY: HASNAT AHMAD KHAN, J.--- Through this application, Mushtaq Ahmad petitioner accused of case F.I.R. No.478 of 2008, dated 26-8-2008, registered at Policg Station,…

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