Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------Ss. 497(2)(5) & 173---Constitution of Pakistan, Art. 185(3)---Petition for cancellation of bail, dismissal of---Filing of subsequent bail application on ground of fresh supplementary challan---Scope---Allegation against accused and co-accused (bank-officials) was that they sanctioned auto loans in fictitious names and thereafter pocketed the loan amounts---High Court granted bail to the accused and co-accused---Contentions of complainant (petitioner) were that bail applications of accused and co-accused were dismissed twice by the High Court, however they were granted bail on the third time in deviation of the earlier view formed by the High Court---Validity---Accused was neither nominated in the F.I.R. nor his name had appeared as accused in the first challan submitted by investigation agency and he was only transposed as an accused in further investigation, which by itself was sufficient to grant bail as a case of further inquiry was made out---Repeating of bail application on the ground of fresh supplementary challan was permissible, as further material is collected in supplementary challan, which might lead the court to form a different opinion than the one formed earlier---Investigating officer had conceded that he could not collect direct evidence against accused or co-accused to establish that they were beneficiaries of the amount, which was paid towards loan---High Court had granted bail in its discretion after examining the material and Supreme Court would not intervene in such an order unless it was shown that gross injustice had been done---Case of further inquiry was made out and High Court was competent to grant bail---Present case did not attract provisions of S.497(5), Cr.P.C.--- Petitions for leave to appeal were dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail---Further inquiry---Scope---Witness of case transposed as an accused in criminal proceedings---Effect---Case of further inquiry would be made out in such circumstances. Z.U. Mujahid, Advocate Supreme Court and Ghulam Qadir Jatoi, Advocate-on-Record for Petitioner (in Criminal Petitions for Leave…

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