Law: Criminal Procedure Code (V of 1898)

Section: 497,498,561-A,369,424,430,426

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497, 498 & 369---Bail order, review of---Scope---Order passed in a bail application/petition was not reviewable by the same court. (b) Criminal Procedure Code (V of 1898)--- ----S. 369---Power of court to review its own ---Scope---Section 369, Cr.P.C. clearly restrained the court from reviewing its own and orders except if some clerical or typographical error was found therein. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 369, 424 & 430---Inherent power of High Court to review, revoke or alter its own order/ ---Scope---High Court, in rare and exceptional cases, had the inherent power to revoke, review or alter its on earlier decision in the case which was not governed by Ss.369, 424 and 430, Cr.P.C. with a view to give effect to any order under Cr.P.C. or to prevent abuse of process of any court or otherwise to secure ends of justice. Gulzar Hassan Shah v. Ghulam Murtaza and 4 others PLD 1970 SC 335 and Saleem Akhtar v. The State PLD 1980 Lah 127 rel. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---Bail order, nature of---Scope---Orders passed by court in bail application filed under Ss. 497 or 498, Cr.P.C. was not equal to , which was the result of conducting a full-fledged trial of a criminal case. (e) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 426---Bail application---Application for suspension of sentence---Exercise of discretion---Principles---Provisions of S.497 & 426, Cr.P.C. were analogous provisions and in the absence of any guideline, the principles which governed S.497, Cr.P.C. might guide the exercise of discretion under S.426, Cr.P.C. Mazhar Ahmed v. The State and another 2012 SCMR 997 and Shamshad Hussain v. Gulraiz Akhtar PLD 2007 SC 564 rel. (f) Criminal Procedure Code (V of 1898)--- ----S. 497---Second bail petition, filing of---Petitioner to show "fresh ground" or "necessity"---Scope---Withdrawal of first bail application when same was not decided on merits---Bar on filing second bail application---Scope---Plea that it had become common practice that when a court was going to announce order of dismissal of a bail petition, the…

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