Law:

Section:

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Penal Code (XLV of 1860), S.302---.---Qatl-i-amd---.---Dismissal of earlier bail application filed in different court---.---Filing of subsequent bail application---.---Maintainability---.---Earlier, four applications filed by accused in the Trial Court having been dismissed, accused filed two successive bail applications before different judges of Chief Court, which were dismissed and accused had filed (present) third application---.---Earlier two bail applications were dismissed by two different Judges of the Chief Court after considering each and every available ground; no fresh ground was available for filing third bail application---.---Judgments in both earlier applications were rendered after due application of judicial wisdom---.---Second and successive bail applications, as a matter of principle were always placed before the Judge, who decided the earlier bail application to avoid conflicting decisions---.---Filing of subsequent bail application before an other Judge, would amount to embark on review of orders of the Judge who passed or dealt with earlier application of the same accused in the same case---.---Provisions of S.497, Cr.P.C., in the present case, had been misused in a flagrant manner as present bail petition was filed before different Judge without availability of any fresh ground---.---If a ground was available and not taken, when first bail application was moved, same could not be taken or considered in a subsequent bail application---.---Present bail application was dismissed being meritless, in circumstances. PLD 1986 SC 173; PLD 2012 Sindh 225; 2004 PCr.LJ 167; 1982 SCMR 153; 2007 PCr.LJ 1542; 2009 PCr.LJ 527; 2010 MLD 212; 1999 MLD 978; 2001 PCr.LJ 124; 2012 YLR 2568; PLD 2013 Pesh. 120; 2013 PCr.LJ 1318 and 2002 SCMR 184 ref. Mashal Khan for Petitioner. Dy.A.G for the State. Amjad Hussain for the Complainant. Date of hearing: 2nd August, 2016. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, JUSTICE:---.------The petitioner has been booked for the offence under section 302, P.P.C. vide FIR No. 25/2014 registered at Police Station City, Gilgit. 2. The details of occurrence as…

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