Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 406

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 406---Criminal breach of trust---Bail, refusal of---First bail petition filed by accused had been withdrawn by his counsel after arguing the case at some length---Had the accused a good case, his counsel might not have withdrawn the previous bail application-Grounds taken by the accused in the present second bail petition were already available to him at the time of filing of first bail application---No fresh ground being available to accused, his present bail petition was not maintainable---Even on merits accused had no case for bail---Receipts available an record had established that the complainant had been deprived of a huge amount---Accused was nominated in the F.I.R. along with his co-accused, whose case was almost similar and he was still a fugitive from law---No body could claim bail as a matter of right in non-bailable offences, even if the same did not fall under the prohibitory clause of S. 497(1), Cr.P. C. ---Bail was declined to accused in circumstances. Muhammad Riaz v. The State 2002 SCMR 184; Gul Nawaz alias Gul Mowaz and 2 others v. The State 1970 SCMR 667 and Muhammad Siddique v. Imtiaz Begum and 2 others 2002 SCMR 442 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Second bail application---Maintainability---Where earlier bail application is withdrawn after arguing the case at some lengths fresh application for bail would not lie unless some fresh ground for bail is available. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 406---Criminal breach of trust---Bail---Offence not falling within the prohibitory clause of S.497, Cr.P. C.-Principle-Accused cannot claim bail as a matter of right in non-bailable offences, even through the same does not fall under the prohibitory clause of S. 497(1), Cr.P. C. Muhammad Siddique v. Imtiaz Begum and 2 others 2002 SCMR 442 ref. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- This is 2nd bail petition filed by the petitioner before this Court. The first one bearing Criminal Miscellaneous No.11712-B of 2010 was dismissed as withdrawn in terms of order dated…

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