Law: Criminal Procedure Code (V of 1898)

Section: 497,497(5)

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Discretionary relief---Scope---Grant of bail is a discretionary relief, however, it is most essential that exercise of discretion is structured upon sound judicial principles, in conformity with statutory parameters. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), S. 302(b)---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd---Bail, cancellation of---Prima facie, prosecution evidence comprising statements of the complainant, eyewitnesses and autopsy report, squarely constitute ‘reasonable grounds’ insurmountably standing in the way of accused’s’ admission to bail in the absence of any consideration calling for further probe---One of the grounds entertained by the High Court for granting bail was that the accused persons were real brothers and complainant party may have cast a wider net, however such ground was contradicted by the different parentage of the accused mentioned in the crime report---Petition for leave to appeal was converted into appeal and allowed, and bail granted to accused persons was cancelled. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(5)--- Bail, cancellation of--- Grounds--- Grant of bail in disregard to the settled principles of law or on a premise factually incorrect, by itself, presents a conscionable justification to recall the concession. ORDER: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Karim Khan alias Abdul Karim Khan and Sabir Jan along with co-accused were arrayed as accused by the petitioner for committing Qatl-i-amd of his brother Nematullah at 4:10 p.m. on 17.10.2020 within the precincts of Police Station Lakki Marwat; armed with Kalashnikovs, the assailants targeted the deceased in the backdrop of an ongoing blood feud. Autopsy report confirmed receipt of three entry wounds on different parts of body with corresponding exit. 46 casings of 7.62 mm secured from the spot were forensically opined to have been fired from different weapons. The Investigating Officer held the respondents as participants in the crime; their request for bail was declined by the Court of Session, however, a learned Judge-in-Chamber of the…

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