Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code, 1898 (V of 1898)-----S. 497--Post arrest bail--Fourth proviso to Section 497(1), Cr.P.C--Hardened, desperate or dangerous--Dismissal of--The previous criminal record of convictions or of pendency of other criminal cases, though may be taken into consideration as a supporting material, is not an exclusive deciding factor to form an opinion as to whether the accused is a hardened, desperate or dangerous criminal--Such an opinion is to be formed by the court mainly on basis of the facts and circumstances of the case, borne out from the material available on record--The nature of the offence involved, its effects on the victims or the society at large, the role attributed to the accused, the manner in which the offence was committed and the conduct of the accused--The words “hardened, desperate or dangerous” point towards a person who is likely to seriously injure and hurt others without caring for the consequences of his violent act and can pose a serious threat to the society if set free on bail--The court may also refer to any previous criminal record, if available, for forming such opinion but it matters little if the accused does not have a previous criminal record--The very gravity and severity of the act alleged to have been committed by the accused, even though for the first time, may be sufficient to attract the fourth proviso to section 497(1) Cr.P.C--The role attributed to the petitioner of cutting the nose of his bhabi and her alleged paramount--Leave to appeal is declined and the petition is dismissed. PLD 1990 SC 934; 1998 SCMR 190; 1993 SCMR 525; 1997 SCMR 885; PLD 1986 Kar 437; 1991 PCr.LJ 26; 1999 MLD 454; 1996 PCr.LJ 22; 1998 MLD 1344; PLD 1996 Kar. 385; 2000 PCr.LJ 630; 1999 PCr.LJ 1450; 2022 SCMR 1; PLD 2022 SC 112 ref. Mr. M. Usman Sharif Khosa, ASC for Petitioners. Ch. M. Sarwar Sandhu, Addl. P.G. Pb. and Mr. Muhammad Ijaz, DSP, Ali Abbas, S.I for State. Complainant in Person. hearing date: 20.6.2022. ORDER Syed Mansoor Ali Shah, J.--The petitioner seeks leave to appeal against the order dated 24.11.2021, whereby post-arrest bail was denied to him in case FIR No. 180/2020, dated 20.07.2020, registered at Police…

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