Law: Criminal Procedure Code (V of 1898)

Section: 498,496,497

Law: Penal Code (XLV of 1860)

Section: 337-F(I),354

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 337-F(i) 354---Damiyah and assault or criminal force to woman with intent to outrage her modesty---Pre-arrest bail, grant of---Scope---Accused sought pre-arrest bail in an FIR lodged under Ss. 337-F(i) 354, P.P.C.---Allegation against accused was that when the complainant asked for her money, he being armed with pistol dragged her in the street and her clothes were torn---Requirements for pre-arrest bail were different from those relevant to bail after arrest---Question of declining the bail came into field only when offence was non-bailable, because in bailable offences no discretion was available with the Court to refuse the concession of bail, be it pre-arrest or after arrest---Accused was admitted to pre-arrest bail, in circumstances. Mst. Zeenat Begum v. Sadaqat Sagheer and another 2020 PCr.LJ Note 4 ref. Allah Bachaya and 3 others v. The State 2001 PCr.LJ 1082 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 496, 497 498---Bail---Bail in bailable offences---Scope---Denial of statutory right to a litigant by the Courts is called injustice---When such refusal relates to liberty of a person having right of bail in bailable offences, it is called gross injustice that means to treat someone in an unfair way. Alam Zeb and another v. The State and others PLD-2014 SC 760 rel. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 496, 497 498---Bail---Bail in bailable offences---Right of accused---Scope---Section 496 of the Code makes it clear that powers under said provision can be exercised by a Court only for a person other than a person accused of a non-bailable offence, whereas S. 497, Cr.P.C. also leaves no ambiguity that these powers are to be exercised in case of non-bailable offence, however, powers under S. 498, Cr.P.C. are beyond any such restrictions of bailable or non-bailable offence as same says that the High Court or Court of Session may in any case, whether there be an appeal on conviction or not, direct that any person be admitted to bail---Words in any case used in the provision makes no difficulty to understand that a person irrespective of the fact that…

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