Law: Criminal Justice Act, 2003

Section: 497

Law: Penal Code (XLV of 1860)

Section: 223,224,225

Criminal Procedure Code (V of 1898)--- ----S. 497--- Penal Code (XLV of 1860), Ss. 223, 224 225---Escape from confinement or custody negligently suffered by public servant, resistance or obstruction by a person to his lawful apprehension, resistance or obstruction to lawful apprehension of another person---Bail, grant of---Case had been challaned and accused was no more required for investigation---All provisions of law applied in the FIR against accused were either bailable or their punishment did not fall within the prohibitory clause of S.497, Cr.P.C.---Grant of bail, in circumstances, was a rule and refusal an exception---Almost five months had passed since the accused was behind the bars but trial had not commenced---No exceptional circumstance appeared in the case to withhold bail to accused---Co-accused, who was the main culprit, was granted bail, as such the case of the accused was on better footings---Following the rule of consistency, present accused was also entitled for bail---Accused was admitted to bail, in circumstances. ORDER ABDUL MAALIK GADDI, JUSTICE:---.--- Having remained unsuccessful in obtaining his release on bail from trial Court in Crime No.48/2016 registered under Sections 223/ 224/ 225/ 34, P.P.C. at Police Station City Court, Karachi. Now the applicant Muhammad Zahid son of Suleman is seeking his release on bail through instant bail application. 2. Facts of the case are that on 01.7.2016 at about 1345 hours accused persons including Rashid Mir, Ameen, Zahid who were in custody and in supervision of PC Farhan, PC Rehmat Ali were present in District Court whereby the accused Rashid threw red chili powder in the eyes of PC Farhan and managed to get free his chain from the PC and ran towards the Courtyard of City Court. The accused namely Rashid Mir was apprehended whereas Zahid and Ameen managed to escape. 3. Learned counsel for applicant/ accused contended that the present applicant/accused has been falsely implicated in this case; that the offences either bailable or their punishment do not fall within the prohibitory clause of section 497, Cr.P.C.; that co-accused Rashid Mir has already been granted bail by the trial Court vide…

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