Law: Criminal Procedure Code (V of 1898)

Section: 497,498-A,497(2)

Law: Constitution of Pakistan, 1973

Section: 199

Law: National Accountability Ordinance, 1999

Section: 9(b),16A

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Addition of word "offence" after word "bail" in S.497, Cr.P.C.---Effect---Deliberate use of word 'offence' in S.497, Cr.P.C. makes it clear that if after lodging of F.I.R. at any subsequent stage, any offence is added or court takes cognizance of another offence then release of accused or his admission to bail does not exempt such accused from seeking bail in such offence added subsequently. (b) Criminal Procedure Code (V of 1898)--- ----S. 498-A---Word 'case'---Scope---Order of release on bail or admission to bail is effective only in respect of case that so stands registered against him and is specified in the order or direction. (c) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(b) & 16-A---Criminal Procedure Code (V of 1898), S.497---Constitution of Pakistan, Art.199---Constitutional petition---Bail, grant of---Transfer of case to Accountability court---Petitioners were accused facing trial before ordinary Court and were released on bail---Subsequently the case was got transferred to Accountability Court---Plea raised by petitioners was that on transfer of case they could not be arrested by National Accountability Bureau---Validity---Petitioner were initially granted bail on merits, by ordinary court, thereafter on jurisdiction point matter was transferred to Accountability Court---No new development was there in facts and circumstances of the case and petitioners were not alleged to have committed further offence in addition to the earlier---On same facts, provisions of National Accountability Ordinance, 1999, provided greater sentence falling within prohibitory clause of S.497, Cr.P.C.---Quantum of sentence was still to be determined by Trial Court, therefore, on such account matter fell within the scope of further inquiry as contemplate in S.497(2), Cr.P.C.---After transfer of case before Accountability Court, petitioners approached High Court whereby they were granted interim pre-arrest bail and since then they were attending Trial Court regularly---Prosecution did not claim at any stage regarding misuse of concession of bail and such aspect along with merits could be taken as…

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