Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Azad Jammu and Kashmir Islamic Laws (Enforcement) Act, (IX of 1974)

Section: 25

Bail-- ----At bail stage it is neither permissible nor desirable to make a deep scrutiny or minute study of evidence on record--At sametime, Courts are not expected to make an order in vacuum. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pre-arrest bail--Discretionary powers--Extraordinary relief on extra ordinary grounds--Discretionary powers in pre-arrest bail must be exercised with due care and caution especially in cases of heinous offences involving penalty of death or life imprisonment--It is worthwhile to observe here that powers available to Court under Section 498, Cr.P.C. are discretionary, which must be exercised with due care and caution especially in cases of heinous offences involving penalty of death or life imprisonment or imprisonment for 10 years--Discretion under provisions of aforesaid section is to be exercised by Court judicially and not arbitrarily--An anticipatory bail u/S. 498, Cr.P.C. being extraordinary relief. Criminal Jurisprudence-- ----Principle--It is settled principle of criminal jurisprudence that a good ground for post arrest bail is no ground for pre-arrest bail. Pre-arrest Bail-- ----Criminal law--Principle--It is well settled principle of criminal law that pre-arrest bail should not be allowed in a routine matter, rather same is liable to be granted when accused is likely to be arrested for ulterior motives such as humiliation or unjustified harassment or where prosecution seems to be actuated to cause an irreparable injury to reputation and liberty. 2004 SCR 36, ref. AJ&K Islamic Laws (Enforcement of Hudood & Tazeerat) Act, 1974-- ----S. 25--Criminal revision--Pre-arrest bail--Declined by Lower Courts--Plea--Medical ground--Revision was filed--Allegation--Accused was implicated with malafide intention--Held: An accused person can be granted bail on ground of ailment, if matter of illness is such that it may detrimental to his/her life and it is not possible to give treatment to accused in criminal prison--However, a perusal of aforesaid letter reveals that period of required four weeks for further treatment has been completed almost a month ago--Accused was absented herself and in such like cases where…

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