Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2),497(1)

Law: Pakistan Penal Code, 1860

Section: 302,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-e-amd, common intention---Bail, grant of---Case of cross-versions---Delay in registration of F.I.R.---Effect---Accused persons were alleged to have killed the deceased by making indiscriminate firing upon him---First F.I.R. was registered on the day of the occurrence, while the second F.I.R. of complainant was registered after more than two months, vide an order passed by Justice of Peace---Questions as to which version in the two F.I.Rs was correct and which party was aggressor were to be decided by Trial Court after elaborate evaluation of evidence, therefore, case of accused persons came within the ambit of further inquiry---Accused persons were released on bail accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail, grant of---Grounds---Case of cross versions arising from the same occurrence---Such cases were covered by grant of bail on the ground of further inquiry as contemplated under S.497(2), Cr.P.C for the reason that question as to which version was correct was to be decided by Trial Court during trial after recording of evidence. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, grant of---Grounds---Commencement of trial---Effect--- Where an accused was entitled to concession of bail on merits, then the factum of commencement of trial would not constitute any legal bar to the grant of bail. Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585 ref. (d) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, right of---Scope---When an accused became entitled to grant of bail then bail was not a favour but became his right, which could not be refused on any other ground much less hypothetical one. Syed Ahmad Ali Rizvi and another v. The State PLD 1995 SC 500 rel. (e) Criminal Procedure Code (V of 1898)--- ----S. 497(1)---Bail, refusal of---Grounds---Offence falling within the prohibitory clause of S.497(1), Cr.P.C.---Effect---Mere fact that offence fell under the prohibitory clause of S.497(1), Cr.P.C. was no ground for refusal of bail. (f) Criminal Procedure Code (V of 1898)--- ----S. 497(1)---Bail,…

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