Law: Criminal Procedure Code (V of 1898)

Section: 497(2), 498

Criminal Procedure Code (V of 1898) Ss. 497(2) & 498- Bail-Commitment to Sessions Court-Committing Magistrate refusing to cancel accused's bail on commitment of case to Sessions Court but Sessions Judge cancelling same on revision-Contention that police having placed accused in column 2 of -challan form further- inquiry still necessitated and that commitment order having said nothing as to nature of evidence available against each accused, accused were entitled to bail-Commitment order, held, although very unsatisfactory, yet Sessions Judge having referred to evidence of three witnesses corroborating prosecution story, case neither one necessitating further inquiry nor one of no tangible evidence-Discre tion exercised by Sessions Judge, in circumstances, not interfered with. Maqbool Ahmad v. Anwar and another P L D 1967 Lah. 364 ; Ghulam Rasul v. Ghulam Mohammad etc. P L. D 1971 S C 128 and Nisar Ahmad v. The State P L D 1971 S C 174 ref.   ORDER The two petitioners along with two others are accused for the commission of an offence under section 302/34, P. P. C. for the murder of one Lal Khan. As a result of the investigation the police found that the plea of alibi raised by the two petitioners had some substance and placed. their names in column No. 2. The complainant filed a separate complaint against the, two petitioners as a result of which they were summoned y the Inquiry Magistrate, who ultimately committed the two petitioners and their co-accused to the Court of Session to stand their trial by his order dated 26-8-70. 2. Before the commitment order had been passed the petitioners had moved the Sessions Court at Rawalpindi for the grant of bail. Ch. Bashir Ahmad, Additional Sessions Judge, Rawalpindi, granted bail to them on 2-4-70 He, however, kill observed that the Inquiry Magistrate will be at liberty to cancel the bail granted to the petitioners if he commits the accused for trial but he refused to do so vide a copy of the order (Annex. D), dated 27-8-70. The learned Magistrate relied on Maqbool Ahmad v. Anwar and another (P L D 1967 Lah. 364) where it is held :- "Framing of charge against accused is not tantamount to finding that…