Law: Criminal Procedure Code (V of 1898)

Section: 417,497(5)

Law: Pakistan Penal Code, 1860

Section: 365-A

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), S.365-A---Kidnapping or abduction for extorting property---Application for cancellation of bail---Complainant (appellant) had reported the abduction of his nephew (abductee) by three unknown persons, but subsequently implicated the accused (respondent) in his supplementary statement, on the ground that the accused himself confessed to have committed the offence before the complainant---Validity---Name/implication of the accused in the case was undiscovered by the investigating officer, therefore, there was hardly any occasion for accused to admit his guilt before the complainant---Alleged extra-judicial confession of the accused was a weak type of evidence, which could easily be manoeuvred by the prosecution in the absence of direct connecting evidence---Impugned bail granting order of the court below was well-reasoned and elaborate and did not contain any argument or observation which could be considered as odd or incompatible with the record---Complainant had been unable to point out any illegality or absurdity in the impugned order---Application for cancellation of bail was dismissed, in circumstances. Mian Dad v. The State and another 1992 SCMR 1286 and Muhammad Tayyab v. The State 1997 PCr.LJ 597 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Cancellation of bail---Grounds---Bail granting order may be prone to interference under S. 497(5), Cr.P.C, if the same was arbitrary, absurd or fanciful. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 497(5) & 417---Cancellation of bail and setting aside of an acquittal order---Discretion of court---Principles---Discretion left in the court under S. 497(5), Cr.P.C was pari materia with the principles, which applied to the setting aside of orders of acquittal. Mian Dad v. The State and another 1992 SCMR 1286 and Muhammad Tayyab v. The State 1997 PCr.LJ 597 rel. THIS ORDER PASSED BY: SHAHID HAMEED DAR, JUSTICE:---.--- Petitioner Muhammad Aslam Bajwa, the complainant of case F.I.R. No.486, dated 25-10-2011, under section 365-A, P.P.C. registered at Police Station Narang, District Sheikhupura, by filing this…

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