Law: Criminal Procedure Code (V of 1898)

Section: 497,497(5),498

Law: Pakistan Penal Code, 1860

Section: 114,147,148,149,337-A(i),337-F(i),337-L( 2)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Bail, cancellation of---Scope---Factors for cancellation of bail were conduct of parties after bail as to whether accused was misusing the facility of bail or likely to abscond, whether accused was hampering the investigation or threatening the witness/witnesses and whether accused was creating obstruction in the course of justice. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---Bail---Bail before arrest and after arrest---Distinguished---Bail before arrest and after arrest could not be equated at all as the pre-arrest bail was usually based if the arrest of the accused was meant for ulterior motives, such as humiliation and unjustified harassment by the prosecution agency, motivation to cause irreparable injury to his reputation and liberty---Post-arrest bail was based on the discretion of the court after assessing merit of the case finding sufficient grounds for further inquiry into the guilt of the accused; on medical ground; that remaining of the accused in jail would be detrimental to his life or on the ground of delay in trial as statutory right. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 337-A(i), 337-F(i), 337-L(2), 114, 504, 147, 148 & 149---Causing shajjah-i-khafifah, causing damiyah, causing hurt, abettor present when offence committed, rioting, rioting armed with deadly weapon, unlawful assembly---Bail, grant of---Accused-applicant was taken into custody, remanded him to jail by setting aside the bail granting order passed by the Judicial Magistrate---Allegation against the accused-applicant was that he along with co-accused while armed with hatchets and lathies caused injuries to the brother of complainant and also abused the complainant party---Record showed that case had already been challaned, therefore, there was no apprehension of tampering with the prosecution evidence---Offence was not punishable with death or imprisonment for life and did not come within the ambit of prohibitory clause of S. 497, Cr.P.C.---Injuries of the injured had been challenged before the Special Medical Board by the accused, hence, the gravity…

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