Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, grant of---Accused/ petitioner was granted bail, however, few offences were added subsequently which were not part of the original FIR, therefore, jail authorities did not release the petitioner---Validity---Matter was heard in detail on merit by the High Court and bail was granted to the petitioner with observations that it was just and proper that the bail was considered to be granted in the offences as well which were inadvertently not mentioned in the bail granting order---High Court allowed the bail to the petitioner to the extent of offences added subsequently---Petitioner was admitted to bail accordingly. Mst. Shahida Parveen v. The State and another 1995 MLD 1082 rel. Abdul Shakoor v. The State 2004 Cr.LJ 399 and Muhammad Alam v. The State 2018 PCr.LJ 837 ref. THIS ORDER PASSED BY: AAMER FAROOQ, JUSTICE:---.--- Through the instant petition the petitioner seeks a direction to the District Superintendent Jail Adyala, Rawalpindi to release the petitioner. 2. Brief background of the case is that the petitioner applied for bail in case FIR No.50 dated 29.1.2018 under sections 324, 34, 337 A(iii), 337F(ii), 337L(2), 336 and 75, P.P.C. registered with Police Station, Koral, Islamabad. The referred petition was allowed by this Court vide order dated 17.06.2019. In the petition as well as order certain offences which were not originally in the FIR but subsequently added, were not mentioned, therefore, the jail authorities did not release the petitioner. Hence, this petition. 3. The learned counsel for the petitioner contended that sections 337C and 337L(1) P.P.C. were added subse-quently hence were not mentioned in the petition and bail granting order dated 17.06.2019. It was further contended that once bail is granted in an FIR the mentioning of all the offences/provisions is not essential. In support of his contentions learned counsel placed reliance on the case titled Mst. Shahida Parveen v. The State and another (1995 MLD 1082), Abdul Shakoor v. The State (2004 Cr.LJ 399) and Muhammad Alam v. The State (2018 PCr.LJ 837). 4. The learned State Counsel inter alia contended that the offences 337C and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492