Law: Criminal Procedure Code (V of 1898)

Section: 498

Criminal Procedure Code (v of 1898) S 498-Bail-Murder trial-Bail earlier granted by High Court on ground of inordinate delay with observation "that bail order shall not stand in way of committing Magistrate to cancel bail after commitment of accused persons if in his discretion such a course is warranted"-Inquiry Magistrate cancelling bail of accused after committing them to stand trial in Court of Session-Discretion exercised by committing Magistrate not in any manner, displaced-Bail of accused, held, rightly cancelled for good reasons.       ORDER Wali Muhammad deceased trespassed into the house of Ali Muhammad petitioner about a year before the present occurrence, which took place at about noon-time of 15th May. 1967, in order to carry on immoral connection with the latter's wife. A case was registered against him. He was acquitted. The deceased, acting as an informer, informed the Rehabilitation Department that Manna, the father of Ramzan accused, had got land allotted in his name without entitlement. The accused thus had grudge against him and -on the day of occurrence, eight of them, armed with various weapons, went to the shop of the deceased and dragged him out of it. He was thereafter beaten almost to pulp. He received a number of multiple injuries, which have not been separately- numbered by the doctor, who gave their number as 23. The assault on the deceased is of such a serious nature, that his right leg was broken into several pieces and was bleeding profusely. Same was the case with his left leg. His assailants had virtually crippled him and he would have been a useless person, even if he remained alive. 2. The police sent up eight persons in all. One of them, namely, Ali Muhammad Lakhowala (now a petitioner before me) was allowed bail by the learned Additional Sessions Judge, Lahore, on the ground that the post-mortem examination did not reveal any incised injury on the legs: However, it was observed, that if the aforesaid accused was ultimately committed for trial to the Court of Session, the Committing Magistrate shall be at liberty 'to 'cancel his bail. Bashir and Sardar Ali were admitted to bail by…