Law: Criminal Procedure Code (V of 1898)

Section: 498,161,497

Law: Penal Code (XLV of 1860)

Section: 302

Law: Constitution of Pakistan, 1973

Section: 4

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 498 161---Penal Code (XLV of 1860), S. 302---Qatl-i-amd---Pre-arrest bail, grant of--- Implication through supplementary statement---Scope---Accused sought pre-arrest bail in an FIR lodged under S. 302, P.P.C.---Names of accused persons were not appearing in the FIR---No marks of identification or descriptions of unknown accused was mentioned in the FIR---Names of accused for the first time were introduced by the complainant in his further statement recorded under S. 161, Cr.P.C., which was recorded belatedly i.e. after ten days wherein too no active role was assigned to the accused persons---Case of accused persons appeared to be one of further inquiry---Application was allowed, in circumstances. Muhammad Rafique and others v. The State and others 2010 SCMR 385 and Sohno Bullo v. The State 2012 PCr.LJ 986 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Constitution of Pakistan, Art. 4---Bail---Object---Scope---Object of bail is to secure appearance of the accused person at his trial by reasonable amount of bail---Object of bail is neither punitive nor preventive and therefore, deprivation of liberty must be considered a punishment, unless it may be required to ensure the presence of accused during trial---Punishment begins after conviction and not before it, as in criminal justice system every man is deemed to be innocent until duly found guilty---Purpose of putting the un-convicted persons in custody is nothing but to secure their attendance at the trial---Even otherwise, life and liberty of a citizen is very precious and guaranteed by Art. 4 of the Constitution of Pakistan. PLD 1989 SC 585 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Tentative assessment---Scope---At bail stage, deeper appreciation of evidence and circumstances appearing in the case are not permitted and only tentative assessment is to be made, however, where accused satisfies the Court that there are reasonable grounds to believe that he is not guilty of such offence, then the Court must release him on bail. Yar Muhammad v. The State and another 2004 YLR 2230 ref. ORDER AFTAB AHMED GORAR, J.---The…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492