Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/109/148/149

(a) Criminal Procedure Code (V of 1898)---.--- ---.---S.497---.---Penal Code (XLV of 1860), Ss. 302/109/148/149---.---Qatl-e-¬amd, abetment, rioting---.---Bail, grant of---.---Allegation against accused was of abetment only---.---Bail allowed to accused by Trial Court had subsequently been cancelled by the same court on a criminal case having been registered under S. 506, P.P.C. against them and on alleged misuse of concession of bail by them---.---Trial Court had allowed bail to accused on merits as their case needed further inquiry and the same could not be recalled on mere registration of a criminal case against them, particularly when the accused had also been granted bail in that very case---.---Commencement of trial was no bar to enlarge the accused on bail, if they were otherwise, entitled to the same---.---Accused were admitted to bail in circumstances. Lal Khan v. Ali Khan and another PLD 1976 Kar. 1165 and Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585 ref. (b) Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Penal Code (XLV of 1860), Ss. 302/109/148/149---.---Qatl-e¬-amd, abetment, rioting---.---Bail, grant of---.---Principle---.---Commencement of trial---.--- Effect---.--- Bail can be allowed to accused at any stage of the case---.---Mere commencement of trial is no bar to enlarge the accused on bail, if he is otherwise entitled to the same. (c) Criminal Procedure Code (V of 1898)---.--- ---.---S. 497(2)---.---Bail, grant of---.---Case of further inquiry---.---When an accused becomes entitled to bail as of right under S. 497(2), Cr. P. C., the same cannot be withheld on the ground of practice; because the latter is relatable to exercise of discretion while the former is relatable to exercise of grant of right. Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585 ref. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- Abdul Aziz and Nazar Hussain petitioneRs. seek bail after arrest in case F.I.R. No. 357 of 2009 dated 6-7-2009 offence under sections 302, 109, 148 and 149, P.P.C. registered at Police Station Kunjah, District Gujrat. Precisely allegation against the petitioners is that at their instance…

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