Law: Criminal Procedure Code (V of 1898)

Section: 497

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, grant of ---Non-bailable offence---Principles---To consider bail matter of an accused involved to a non-bailable offence, it was to be seen whether there were reasonable grounds for believing that he was guilty of an offence punishable with death or imprisonment for life---Accused would not be released on bail unless case was covered by any of provisions in subsection (1) of S.497, Cr.P.C.---If it appeared to the Court at any stage of investigation, inquiry or trial, that no reasonable grounds existed, but there were sufficient grounds for further inquiry into his guilt, accused would be released on bail under subsection (2) of S.497, Cr.P.C.---Exercise carried out by the Court in matters concerning bail, was a preliminary one and was restricted to a tentative sifting of evidence on record as against an elaborate sifting of same--Court had only to see whether accused was connected with the commission of crime or not and for that purpose, only tentative assessment of evidence was to be made and deeper appreciation was not called for---Mind of the Court had to be satisfied that the case under its consideration was fit for grant of bail. Amir v. The State PLD 1972 SC 277 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.302/324/34---Bail, refusal of---Accused in the present case had not been able to successfully demonstrate the existence of circumstances justifying grant of bail to them---Question regarding mistaken identity, false implication on mere suspicion, alleged conflict between ocular account and medical evidence or that from whose fire shot deceased got hit, were issues which should safely be left to the Trial Court to appreciate them at the trial itself and not at bail granting stage. Muhammad Sharif v. Shafqat Hussain 1999 SCMR 338 and Abdul Hai v. The State 1996 SCMR 555 ref. THIS JUDGMENT DELIVERED BY: IJAZ-UL-HASSAN KHAN, JUSTICE:---.--- Rabnawaz and Mubarak Shah petitioners stand involved in case F. I. R. No. 35 dated 13-5-2004 registered under sections 302/324/34, P. P. C. at Police Station, Miryan, District Bannu. The petitioners have moved…

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