Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Pakistan Penal Code, 1860

Section: 376,496

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 496-A & 376---Enticing or taking away or detaining with criminal intent a woman, rape---Cancellation of bail, refusal of---Accused was charged for commission of offence under S. 496-A, P.P.C.---Accused was granted bail after arrest by the Trial Court---Abductee was recovered and she recorded her statement under S. 164, Cr.P.C. before the Judicial Magistrate---Offence under S. 376, P.P.C. was added after release of the accused on bail---Accused applied for pre-arrest bail, which was confirmed---Validity---Held, whenever, a court ordered that the accused person in a particular FIR be released on bail, the order necessarily pertained to that particular FIR in its entirety---Re-arrest of accused on the ground that charge under new section of law had been levelled against him was against the mandate of law---Accused could not be re-arrested without the formal order of a competent court obtained through cancellation of bail under S. 497(5), Cr.P.C.---When bail application was heard by the Trial Court, the entire material was available before the Court including statement of the abductee recorded under S. 164, Cr.P.C. and the bail granting order was passed strictly in accordance with the principles laid down for disposal of bail application---No allegation was made against the accused that after his release on bail, he misused the concession of bail by repeating the offence or tampering with the prosecution evidence---Complainant had failed to make out a case for cancellation of bail granted to accused---Petition for cancellation of bail being bereft of merit and substance was dismissed in circumstances. Amanat Ali v. The State 1981 PCr.LJ 100 and Shahida Parveen v. The State and another 1995 MLD 1082 rel. THIS JUDGMENT DELIVERED BY: ISHTIAQ IBRAHIM, J.--- Through the instant petition under section 497(5) read with section 561-A, Cr.P.C., the petitioner Waris Khan has impugned the order dated 04.11.2017 of learned Additional Sessions Judge-IV, D.I. Khan, whereby respondent No.1 was admitted to bail in case FIR No.240 dated 25.10.2017 registered under section 496-A, P.P.C. at…

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