Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Constitution of Pakistan, Art. 185(3)---Cancellation/ recalling of bail---Grounds for cancelling/recalling bail enunciated by the Supreme Court stated. Following are the grounds for cancelling/recalling bail enunciated by the Supreme Court: (i) If the bail granting order was patently illegal, erroneous, factually incorrect and had resulted into miscarriage of justice; (ii) The accused had misused the concession of bail in any manner; (iii) The accused had tried to hamper prosecution evidence by persuading/pressurizing prosecution witnesses; (iv) There was likelihood of absconsion of the accused beyond the jurisdiction of court; (v) The accused had attempted to interfere with the smooth course of investigation; (vi) The accused misused his liberty while indulging into a similar offence; and (vii) Some fresh facts and material had been collected during the course of investigation which tended to establish guilt of the accused. Samiullah v. Laiq Zada 2020 SCMR 1115 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497--Constitution of Pakistan, Art. 185(3)---Bail---Benefit of reasonable doubt---Scope---For the sake of safe administration of criminal justice concept of benefit of reasonable doubt could be extended even at bail stage. Samiullah v. Laiq Zada 2020 SCMR 1115 ref. (c) Penal Code (XLV of 1860)--- ----Ss. 337-F(i), 337-F(v), 337-A(i), 147 149---Constitution of Pakistan, Art. 185(3)---Pre-arrest bail, grant of---Trespassing and causing injuries to inmates of a house---Belatedly recorded cross-version FIR---Accused persons had been nominated in a cross-version FIR---Trial Court while granting bail to the accused persons mainly took note of the facts that the cross-version was recorded after a delay of about 8 days after the occurrence, without any satisfactorily explanation; that in the first medical examination of the injured, no bone fracture was observed but in the second report it came on record, which called for further probe into the guilt of the accused persons, and that during the investigation the narration of the injuries by the complainant was found to be false---High Court while…

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