Law: Criminal Procedure Code (V of 1898)

Section: 204,91,173

Law: Pakistan Penal Code, 1860

Section: 302,324,148,149,497,000

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 204 & 91---Penal Code (XLV of 1860), Ss.302/324/148/149---Qatl-e-amd, attempt to commit qatl-e-amd, rioting---Issue of process---Power to take bond for appearance---Sessions Court vide impugned order had summoned the accused in private complaint under Ss.302, 324, 148 and 149, P.P.C. through bailable warrants---Question for determination was whether the court was competent to release the accused summoned in a private complaint upon their furnishing bail bonds or they were required to file independent bail petitions for their release---Sections 91 and 204, Cr.P.C. deal with the procedure regarding procurement of attendance of accused---Once the accused had appeared before the court pursuant to the process issued to them, the purpose of the said sections would come to an end and then the court had to determine whether the offence was bailable or non-bailable---If the offence was bailable court would release the accused upon submission of bail bonds and if the offence was non-bailable court would either release them on bail upon an application or send them to judicial lock up---When accused had appeared before the court pursuant to process under S.204, Cr.P.C. in a non-bailable offence, court could not release them merely on filing of surety bonds, rather they could be released after giving fresh bail petition---Impugned order being violation of law was set aside with the direction to accused respondents to file bail petitions within ten days before Trial Court for decision on merits---Revision petition was accepted accordingly. Luqman Ali v. Hazroo and another 2010 SCMR 611 ref Noor Nabi and 3 others v The State 2005 PCr.LJ 505; ldrees Ahmad and others v. Zafar Ali and another 2010 SCMR 64; Sher Zaman v. Muhammad Ishaq and others PLD 1985 SC 144; Riaz Ahmad v. Federation of Pakistan and 6 others 2002 YLR 1658 and Mehdi Khan v. Bashir Ahmad and 2 others 2002 YLR 2566 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 204---Issue of process---Scope---If a person appears before the court pursuant to process under S.204, Cr.P.C. in a non-bailable offence, court cannot release him merely on filing of surety…

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