Law: Criminal Procedure Code (V of 1898)

Section: 161,498

Criminal Procedure Code (V of 1898)---.--- ---.----S. 498---.---Bail before arrest, cancellation of---.---Scope---.---Failure to furnish bail bonds and surety---.---Leniency shown by court in not cancelling pre-arrest bail---.---Uneducated accused lacking understanding of condition of bail---.---Accused persons were accused of abducting the alleged victim, who thereafter was allegedly subjected to rape by co-accused persons---.---Sessions Judge allowed pre-arrest bail to accused persons with the condition that they should furnish fresh bail bonds in the sum of Rs. 50,000 each with one surety in the like amount within seven days, failing which their bail petition would be deemed to have been dismissed---.---Accused persons failed to satisfy the said condition and consequently Session Judge cancelled their pre-arrest bail---.---Validity---.---Accused persons should have shown their sincerity and bona fide to the condition attached with their bail order, however if they had not done so, the Sessions Judge ought to have shown leniency and grace to afford them some more time to submit the requisite bail bonds---.---Bail order of accused persons was recalled seven months after being made by the Sessions Judge, and during such time, an application to cancel their bail was pending, however during pendency of said application they were not once directed to submit their bail bonds and surety---.---Valid bail order obtained by accused persons was cancelled for a technical reason, only due to their folly and probably because of their lack of understanding, as they did not look educated---.---Co-accused persons had already been granted post-arrest bail on merits---.---Bail facility of accused persons had been cancelled/withdrawn by Sessions Judge, independent of the merits of the case---.---Bail cancellation order of accused persons was set-aside in circumstances and resultantly bail granting order passed by Sessions Judge was restored subject to furnishing the requisite bail bonds as directed by the Sessions Judge, within three weeks, failing which the law would take its own course. THIS ORDER PASSED BY: SHAHID HAMEED DAR, JUSTICE:---.--- The petitioners, Allah Yar, Nasir…

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