| Citation(s) |
|---|
| 2022 SLG 1384 2022 SLD 1384 2022 PCRLJ 1047 |
High Court (AJ&K)
Revision Petition No. 149-A of 2021, decision dated: 24th January, 2022
SARDAR LIAQAT HUSSAIN, J
Mushtaq Ahmed Janjua for Petitioner. Mir Ghazanfar Gul for
Respondent No. 1 Khurshid Anwar Mughal, A.A.G. for the State.
Revision Petition No. 149-A of 2021, decision dated: 24th January, 2022
SARDAR LIAQAT HUSSAIN, J
Mushtaq Ahmed Janjua for Petitioner. Mir Ghazanfar Gul for
Respondent No. 1 Khurshid Anwar Mughal, A.A.G. for the State.
AURANGZAIB
VS
MUHAMMAD YAQOOB and 3 others
Law: Criminal Procedure Code (V of 1898)
Section: 497,497(5)
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Scope---Only a tentative assessment of the available record can be made and deeper appreciation of evidence is not warranted under law. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)--- Bail--- Cancellation of bail--- Scope--- Strong and exceptional grounds are required for cancellation of bail granted by a court of competent jurisdiction. 2008 PCr.LJ 1565 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(5)--- Bail--- Cancellation of bail--- Scope--- Bail can be cancelled only when solid grounds are shown for cancellation of the same i.e. misuse of concession of bail or if there is allegation against the accused that he is putting influence on the prosecution’s witnesses or it is shown that the bail order has been passed in gross violation of any rule or against the principle governing the bail matter. (d) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Bail---Cancellation of bail---Scope---Merely on the ground that the accused has committed a heinous offence, concession of bail, already granted to the accused cannot be recalled. ORDER SARDAR LIAQAT HUSSAIN, JUSTICE:---.--- The captioned revision petition has been filed against the order dated 04.06.2021 passed by the learned District Court of Criminal Jurisdiction, Bhimber, whereby, pre-arrest bail application of the accused-respondent has been accepted. 2. Facts of the petition have sufficiently been incorporated in the impugned order, hence, need not to be reiterated for the sake of brevity. Suffice it to observe that a case in the offences under sections 457, A.P.C. and 14, E.H.A. was registered against the accused-respondent vide FIR No.96 of 2021 on 04.05.2021 at Police Station, Barnala. Accused-respondent filed pre-arrest bail application before the learned District Court of Criminal Jurisdiction, Bhimber. The learned Court below, initially allowed interim bail and after hearing the learned counsel for the parties, vide judgment and order dated 04.06.2021 confirmed the same, hence, the captioned revision petition. 3. Mr. Mushtaq Ahmed Janjua, the learned counsel for the petitioner, more or less reiterated the…
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