Law: Criminal Procedure Code (V of 1898)

Section: 498

P L D 1956 (W. P.) Karachi 381         Criminal Procedure Code (V of 1898), S. 498-High Court's unfettered discretion to grant bail-General rule of S. 497 tot binding-Bail after commitment to Sessions for murder.   Held, that the High Court has unfettered discretion under section 498 and is not precluded from taking special circumst ances into consideration for granting bail. The rule of general law laid down in section 497 Criminal P.C. is not binding on the High Court. The question of granting or refusing bail depends upon the particular circumstances of each case; the mere fact that an offence is punishable with death or life imprisonment is not by itself sufficient to refuse bail under section 498 of the Criminal P. C. The policy of law is to grant bail rather than refuse it in the case of under-trial prisoners and the Courts should be lenient until they are convicted.   Bail was ordered for three of the accused awaiting trial in Sessions Court on a charge of murder. It was directed, however, that the order would not preclude the Sessions judge from cancelling bail later on sufficient grounds.   Emperor v. Muhammad Panah A I R 1934 Sind 131, Sayed Pir Mohi-ud-Din Lal Badshah v. Emperor A I R 1938 Lah. 762, King Emperor v. M. Bashiran and others A I R 1923 All. 479, T(ajendra Nath Chakrabarthi v. King Emperor A I R 1924 Cal. 476, Ram Chand and another v. Emperor A I R 1929 Lah. 284, K. N. Joglekar v. Emperor A I R 1931 All. 504, Emperor v. Krishan Gopal A I R 1933 Lah. 925 and Nisar Ali v. Abbul Hamid and others, A I R 1935 Pesh. 101 ref.     ORDER   WAHIDUDDIN, J.-The applicants in this case have been committed by the Resident Magistrate, Dadu, on a charge under section 302 read with section 120-B of the Pakistan P. C. to the Court of Sessions, Dadu, for trial for the murder of deceased Ghulam Hussain, who was a Serishtedar to the Mukhtiarkar of Sehwan.   The allegation is that Rasul Bux has killed the deceased by a gunshot at the instigation of Haji Abdul Rehman, an other accused who was stated to be absconding at one time and has now been released on bail on medical grounds.   The learned…