Law: Criminal Procedure Code (V of 1898)

Section: 173,200,497(5)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 302,324,148,149

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 173, 200 & 497(5)---Penal Code (XLV of 1860), Ss.302, 324, 148 & 149---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Bail, cancellation of---Remand of bail petition to High Court for decision afresh on merits---Challan case and complaint case for the same offence---Accused summoned to face trial in complaint case---Proceedings of challan case were kept pending---Custody of accused in challan case---Scope---Judge-in-Chamber of High Court admitted accused to post-arrest bail only on the ground that accused had been arrested in connection with a challan case but present proceedings were underway before the Trial Court in connection with a private complaint instituted in respect of the same incident and, thus, continued custody of accused in connection with the challan case was "against the principles of safe administration of justice"---Legality---Such ground weighing with the Judge-in-Chamber of High Court for admitting accused to post-arrest bail did not find support from any provision of S.497, Cr.P.C---Post-arrest bail in cases attracting the prohibitory clause contained in S.497(1), Cr.P.C. could be granted to an accused person in a challan case only within the parameters of the provisions of S.497, Cr.P.C---No provision in S.497, Cr.P.C. authorized a court to admit an accused person to bail if such accused person had been arrested in connection with a challan case and the proceedings of the challan case were kept pending while the trial was being conducted in a connected case arising out of a private complaint---Solitary ground weighing with the Judge-in-Chamber of the High Court, in the present case for admitting accused to post-arrest bail in the challan case did not have the requisite statutory sanction---Petition for leave to appeal was converted into an appeal and allowed and consequently the impugned bail granting order passed by the Judge-in-Chamber of the High Court was set aside---Judge-in-Chamber of High Court having not adverted to any grounds in the bail petition vis-à-vis merits of the…

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