Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898)--- ----S. 497---Constitution of Pakistan, Art. 185(3)---Subsequent/second bail petition, filing of---Fresh grounds---Scope---Accused can maintain a subsequent bail petition, at post-arrest stage, only on the strength of a fresh ground, accrued after dismissal of his first plea (for bail)---Ground earlier available but abandoned cannot be received as a fresh ground and, thus, consequences of withdrawal of a bail petition, made at any stage of hearing, cannot be quantified nor viewed as simpliciter and as such does not allow space for a second attempt in the absence of a newly accrued ground. The State through Advocate General N.W.F.P. v. Zubair Ahmed and 4 others PLD 1986 SC 173 ref. ORDER QAZI MUHAMMAD AMIN AHMED, J.--- The petitioner, blamed to have violated Nadia Bibi, prosecutrix, inside her home, located within the precincts of Police Station Jatoi, District Muzaffargarh, on 23.5.2021, unsuccessfully attempted for bail in anticipation to his arrest, first, through Criminal Miscellaneous No.7079-B/2021, dismissed as withdrawn before a learned Judge-in-Chamber of the Lahore High Court at Multan Bench; earlier dismissal, notwithstanding, he once again applied through Criminal Miscellaneous No. 7752-B/2021, dismissed vide impugned order dated 01.11.2021, by the learned Judge in limine. Confronted with petitioners choice to withdraw the motion by his own election,…

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