Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898) S. 497-Bail, cancellation of-[Murder case]-Accused once committed to Court of Session to stand trial-Prima facie guilty of charge--Accused, held, not entitled to bail in circumstance.   ORDER This application under section 497/498., Cr. P. C. seeks the cancellation of bail of the respondents which was granted to them by the Additional Sessions Judge, Lyallpur, after they were committed to the Court of Session to stand trial for offences under section,. 302/34, P. P. C. for having 'murdered Muhammad Nawaz in furtherance of their common intention. The brief facts, of the case are that the three respondents were named in the F. I. R. but upon the investigation of the case, which was conducted by 3/4 officers, their participation in the crime was found doubtful and, therefore, they were placed in column 2 .of the challan. Upon these facts they were granted bail by the learned Sessions Judge, Lyallpur, on 22-2-1969. But the said order was challenged in. this Court by way of Revision Application (No. 157 of 1969) and the same was dismissed with the following observations :- "The Committing Magistrate should expeditiously examine the eye-witnesses in particular Muhammad Ismail and Nawab. Thereafter Ghulam Muhammad petitioner may make application for cancellation' of bail if so advised." After the above two witnesses were examined by the--commit ting Magistrate another attempt was made for the cancellation of the bail of the respondents and for this purpose: Cr. M. No. 7454 of 1970 was filed in this Court. This application was also dismissed by order' dated 4-11-1970 with these observations:- "But if -the accused do not seek the examination of any witnesses, who have been dropped by the prosecution, then naturally the trial Magistrate will have to consider whether on the evidence on record the respondents are to be committed to the Court of Session or not. Once that stage is reached, then the question will arise as to whether the respondents should be taken into custody or not and in this respect Mr. Yusuf Ali Khan points out that there is already an order of the learned Sessions Judge that if…