Law: Criminal Procedure Code (V of 1898)

Section: 497

(a) Criminal Procedure Code (V of 1898), S. 497---Bail ---Attempted murder-Accused, an old man, aged about 80 years, keeping -very bad health, infirm and even unable to move without help of others-Bail granted. (b) Criminal Procedure Code (V of 1898), S. 497-Bail, ad interim-Attempted murder-Contention that once bail, even though interim, is granted, it could not be cancelled-Held, of no substance. Haji Sultan Ahmad and others v. The State 16 D L R. 325 distinguished. 16 D L R 605 ref. Dates of hearing: 22nd and 23rd April 1970. JUDGMENT NURUL ISLAM, J.-This rule arises out of an application for bail. There was a first information report lodged on 3-11-69, with the Rajapur Police Station by the complainant Mozammel Hossain Akon, on the allegations inter alia that while the said complainant accompanied by one Nurul Islam was proceeding to Naikathi Namapara Free Primary School, was attacked by the petitioners along with Akabbar Howladar and that the petitioners Nos. 1 and 2 dealt dao blows and the petitioner No. 3 Mukhtar Ali Chowkidar ordered the other petitioners to do away with him, On 12-11-69, the accused-petitioners and Akabbar Howladar surrendered to the Court of the Sub-Divisional Magistrate, Sadar (South), Barisal and on the following day charge-sheet, was submitted against them by the police under sections 147, 14, 326 and 307/34 of the Pakistan Penal Code. Thereafter, on 25-11-69, the said accused persons filed an application before Mr. Abdul Majid, the learned Magistrate, praying for bail and the said prayer was refused. The accused persons thereafter moved the learned Sessions Judge on 8-12-69 with the prayer for bail and the said prayer was also refused. Thereafter the accused persons filed another application before the learned Sessions Judge praying for bail and on the said application the learned Sessions Judge called for the records and fixed date for hearing of the matter and in the meantime granted interim bail to the accused persons. But on the final hearing of the said application the learned Sessions Judge refused to grant bail by his order dated 3-2-70. The, certified copy of the said order produced before us shows that the said order runs…