Law: Criminal Procedure Code (V of 1898)

Section: 496,498

Law: Pakistan Penal Code, 1860

Section: 34,186,337-H(2),353

(a) Criminal Procedure Code (V of 1898)--- ----S. 496 498---Penal Code (XLV of 1860), Ss.353/337-H(2)/186/34---Assault or criminal force to deter public servant from discharge of his duty, hurt by rash or negligent act, obstructing public servant in discharge of public functions---Bail---Court below had declined pre-arrest bail application of accused by considering an F.I.R. which was different from the one for which accused sought bail---Judge of the court below had explained that impugned order was passed under some misconception which was a result of inadvertence---Validity---Judge of the court below had dismissed the bail application of accused by considering a different F.I.R. and not a single word/reason was discussed about the F.I.R. in which accused sought the bail---High Court found the explanation advanced by the said Judge as unsatisfactory , but still declared the impugned order , as result of some misunderstanding, amalgamation of facts of two different cases and not of any other consideration---Impugned order was set aside and pre-arrest bail application of accused was deemed to be pending before the court below, which was directed to pass the order afresh in accordance with the law. Muhammad Ayub v. Muhammad Yaqoob and others PLD 1966 SC 1003 rel. (b) Criminal Procedure Code (V of 1898) ----S. 496 & 498---Penal Code (XLV of 1860), Ss.353/337-H(2)/ 186/34---Assault or criminal force to deter public servant from discharge of his duty, hurt by rash or negligent act, obstructing public servant in discharge of public functions---Bail---Order of judicial officer dismissing bail application of accused by considering an F.I.R. which was different from the F.I.R. for which accused sought the bail---Such order of judicial officer was deprecated by the High Court with the observation that orders of such sort brought chagrin, despondency, disappointment, dismay and dejection to the ordinary litigants---Orders of the type impugned raised eyebrows about the institution of judiciary and brought questions marks about the integrity of ajudicial officer. (c) Administration of justice--- ----Duties of judicial officers---Scope---Judicial officers are custodians…

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