Law: Criminal Procedure Code (V of 1898)

Section: 407,408,417(2A),435,439,493,497,497(2)(5 ),526,528,539A

Law: Anti Terrorism Act, 1997

Section: 7

Law: Pakistan Penal Code, 1860

Section: 21,109,148,149,302,300

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2) & (5)--Bail application--Status--Further inquiry when evaluated, on legal premises, it is always deemed discretionary relief temporary in nature till final adjudication--Main theme of bail is to hand over custody of accused in hands of surety--This remains till final adjudication and same is brain child of Section 497, Cr.P.C--Courts exercise powers u/S. 497 (2), Cr.P.C. if it comes to conclusion that case of accused is one of further inquiry having room to release him on bail subject to furnishing of bail bonds--Held: Liberty of a person is a precious right which has been guaranteed under Constitution, hence Courts of law in normal circumstances construe and apply aforesaid provision liberally--However, there is an exception to this principle, which is embodied in Section 497 (5), Cr.P.C--Perusal of Section 497 (2), Cr.P.C. reveals that same Court can recall order if same has been procured through misrepresentation, fraud, undue influence and without touching upon merits of case--This provision is also applicable before High Court, if discretionary relief has been granted against fundamentals of law, further against principles enunciated by Superior Courts from time-to-time--Hence there is sufficient possibility to contest even discretionary relief in ordinary proceedings before Courts of law. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 528--Judicial powers--Sessions Judge may withdraw cases from Assistant Sessions Judge--Powers of Sessions Judge--Transfer case--There is no second cavil to this proposition that judicial powers of Sessions Judge and Additional Sessions Judge are synonym to each other leaving no edge over powers of other--As for as authority exercised by Sessions Judge u/S. 528, Cr.P.C. is concerned, legislature has introduced word "Assistant--Sessions Judge" which never means "Additional Sessions Judge", hence authority exercised by Sessions Judge while 'Withdrawing cases from Additional Sessions Judge in spirit, of Section 528, Cr.P.C. seems to an authority which is not vested with him--Bare reading of said provision of law makes it clear that Sessions Judge is not vested with…

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