Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 381-A,411

(On appeal against the dated 22.5.2017 passed by the Lahore High Court, Multan Bench, Multan in Crl.Misc. No. 2593-B/2017) Administration of Justice-- ----Discretion--Exercise of jurisdiction--Principle--It is settled principle of law that once legislature has conferred discretion on Court to exercise jurisdiction in particular category of offences without placing any prohibition on such discretion then, Court shall not import provision of law, reasons or factors alien thereto and not specifically mentioned in statute. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 381-A & 411--Bail, grant of--Principle--Duty of Court--Validity--Held: Grant of bail in offences not falling within prohibitory limb of S. 497, Cr.P.C. shall be a rule and refusal shall be an exception then, Court of country should follow this principle in its letter and spirit because principles of law enunciated by Court are constitutionally binding on all Courts through out country including Special Tribunal and special Courts--Bail allowed. JUDGMENT Dost Muhammad Khan, J.--The petitioner was booked in Crime No. 902 dated 19.10.2016, registered at Police Station Mumtazabad, Multan u/Ss. 381-A/411, PPC. He was refused grant of bail by the Courts below therefore, he seeks leave to appeal against the order of the Lahore High Court, Multan Bench, Multan dated 22.5.2017. 2. The allegations against the petitioner are that, Usman Waseem the complainant parked his CD-70 Honda Motorbike bearing Registration No. MNP-7713 near Doctor Zaheer's clinic and when he returned after getting medicines from the clinic, he found the motorbike missing then, he got registered the case against unknown accused. 3. At a subsequent stage, allegedly, the said motorbike was recovered from the house of the petitioner thus, he was implicated in the case. 4. None has witnessed the lifting of the motorbike and no evidence to that effect is available on record, therefore, the insertion of Section 381-A, PPC appears not only unjustified but also speaks about mala fide of the police. Whether in the peculiar circumstances of the case, the petitioner is liable to be prosecuted u/S.…

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