Law: Criminal Procedure Code (V of 1898)

Section: 497(5),498

Law: Penal Code (XLV of 1860)

Section: 337-A(i)(ii),337-F(i),354,34

Criminal Procedure Code (V of 1898)--- ----Ss. 497(5) & 498---Penal Code (XLV of 1860), Ss.337-A(i)(ii), 337-F(i), 354 & 34---Cancellation of bail before arrest---Consideration for grant of pre-arrest bail and post-arrest bail were entirely different---Grounds on which pre-arrest bail was confirmed, were not relevant for grant of pre-arrest bail, but those could be relevant or sufficient for post-arrest bail---Prima facie, the Trial Court had failed to appreciate the distinction of considerations in the present case---Power to grant pre-arrest bail was available in cases of exceptional nature and that power had to be exercised when pre-conditions laid down by the superior courts were satisfied---Pre-arrest bail could also be granted where falsity of involvement of accused was visible on the record---Trial Court in impugned order had itself recorded that recovery of weapon of offence was effected from accused---Trial Court also observed that offences against accused persons, were of bailable nature, except under S.337-A(ii), P.P.C.---Trial Court, in other words, did not believe false involvement of the accused persons---Trial Court did not even mention that accused persons were involved with mala fide and ulterior motive on the part of the complainant or the Police---Application for cancellation of hail was granted and impugned order passed by the Trial Court was set aside being unlawful. 1999 PCr.LJ 200; PLD 1983 SC 82; PLD 2003 Lah. 403 and 2000 PCr.LJ 1605 ref. ORDER SYED SHABBAR RAZA RIZVI, J.---The learned counsel filed this application under section 497(5), Cr.P.C. for cancellation of bail order delivered on 12-12-2008 by the learned Additional Session Judge, Wazirabad. By the impugned order respondents Nos.1 to 4 were granted pre-arrest bail. 2. Briefly, according to the F.I.R., the complainant Maqsoodan Bibi contended that she was present along with her daughter in her house, that respondents Nos. 1, 2, 3 and 4 armed with Sotas entered into the house of the complainant. They abused and gave beating to the complainant and her daughter and also torn the clothes of Fakhira Bibi. 3. According to the learned counsel for the petitioner, the respondents…

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