Law: Code of Criminal Procedure (CrPC), 1898

Section: 87, 88 & 497

Law: Penal Code (XLV of 1860)

Section: 337-A(i), 337-A(iii), 337-F(i), 337-F(v), 337-H(ii), 337-L(2) & 452/148/149

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 87, 88 & 497---Proclamation for person absconding---Bail, grant of---For purpose of bail, accused, who, had absconded, could be considered to be a proclaimed offender without technical satisfaction of requirements of Ss.87/88, Cr.P.C.---Contention that unless formal proceedings were taken under Ss.87/88 of Cr.P.C., accused could not be treated as a proclaimed offender, was repelled---Mere abscondence of co-accused, however, would not deter Court from extending concession of bail if otherwise, he was found entitled to same.

 (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, grant of---Abscondence---Effect--- Mere abscondence of co-accused would not deter Court from extending concession of bail if otherwise, he was found entitled to same. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.337-A(i), 337-A(iii), 337-F(i), 337-F(v), 337-H(ii), 337-L(2) & 452/148/149---Bail, grant of---Further inquiry---Accused had been arrested about ten months back, but despite that no tangible progress had been made in trial of accused-- Accused was an elderly man of about 70 years and offence with which he was charged did not attract prohibitory clause of S.497(1), Cr.P.C.---No specific allegation of any- particular injury having been attributed to accused, his culpability and vicarious liability needed further probe within the meaning of subsection (2) of S.497, Cr.P.C.---Accused could not be retained in custody with a view to pressurize him to produce absconding co-accused---Accused was admitted to bail, in circumstances. . 

ORDER Rajada son of Hassan seeks his post-arrest bail in case F.I.R. No.50 of 2003 dated 2-3-2003 registered at P.S. Mangtanwala District Sheikhupura for offences under sections 337-A(i), 137-A(iii), 337-F(i), 337-F(v), 337-H(ii), 337-L2, 452, 148 and 149, P.P.C.