Law: Criminal Procedure Code (V of 1898)

Section: 432,433

Criminal Procedure Code (V of 1898)--- ---Ss. 432, 433---Reference by Presidency Magistrate to High Court---Disposal of case according to decision of High Court and direction as to costs---Scope---Accused sought bail after arrest on statutory ground of delay in conclusion of trial---Sessions Judge after hearing arguments, sent the reference to High Court for guidance---Subordinate Court could not send for any clarification/instruction under Ss. 432, 433, Cr.P.C., consequently it was required to decide the matter by itself keeping in view the relevant provision of law as well as newly created situation---High Court observed that it High Court would not like to give any opinion on the reference sent by Sessions Judge on the question whether the period consumed due to Covid-19 pandemic would be considered as consumed by the prosecution or by accused---Court below was directed to decide the question by itself---Reference was answered accordingly. Emperor v. Madho Singh AIR 1925 All. 318 and 1998 PCr.LJ 1377 ref. Raja Aftab Ahmed for Petitioner/accused. A.A.G for the State. ORDER SADAQAT HUSSAIN RAJA, CJ.---The above titled reference has been sent by District Court of Criminal Jurisdiction Poonch/Rawalakot for guidance/ opinion regarding disposal of the after arrest bail application, filed on behalf of accused/petitioner, before the concerned court. Brief facts of the case are that a case under FIR No.165/2019 under sections 147/148/149, 109, 337A, 302, 324, APC and 15-2A/AA against accused/petitioner and others at Police Station Rawalakot. The accused/petitioner was apprehended by the police. Accused/petitioner along with others have been challaned under the aforementioned offences before the District Court of Criminal Jurisdiction Rawalakot. During trial, accused/petitioner, instituted post arrest bail application, before District Court of Criminal Jurisdiction, Poonch Rawalakot (court below) on statutory ground. The learned court below after hearing arguments, sent the present reference to this Court for guidance. Without going into the detail facts and merit of the case suffice it to say that the accused/petitioner filed post arrest bail application on the…

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