Law: Criminal Procedure Code (V of 1898)

Section: 497

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 14th November 1969, in Criminal Miscellaneous No. 6328 of 1969). Criminal Procedure Code (V of 1898), S.497-Cancellation of bail-Commitment of accused for trial on murder charge disclos ing prima facie case against him-Would be good ground for refus ing bail pending trial-Bail granted by High Court cancelled by Supreme Court. Before an accused person is committed for trial by a Magis trate, he has to be satisfied that a prima facie case has been made out against him. Grounds are entirely different from evidence, but in the matter of bail under section 497, Cr. P. C. for offences punishable with death or transportation for life, the Courts are only concerned in examining whether reasonable grounds do or do not exist to connect an accused person with that offence. -The commitment of an accused person for trial on a murder charge, which would disclose a prima facie case against him, would be a good ground for refusing bail to him during the pendency of the trial. Date of hearing: 24th November 1970.   JUDGMENT SAJJAD AHMAD, J.-The respondents, along with 8 others, are facing a charge under section 302/149, P. P. C. for causing the murder of one, Ali Muhammad, and also for causing injuries to Ameer and Ghulam Rasool (section 307/324/149, P. P. C.). The incident took place on account of a dispute over a water-course. After the Police investigation, the respondents were, at first, placed in column No. 2 as suspects, but after the Inquiry Magistrate had examined the complainant, they were summoned as accused persons, but were released on bail, which was later confirmed by the learned Sessions Judge, Sargodha. After some more evidence was recorded in the case, a petition was preferred to the learned Sessions Judge for the cancellation of the respondents' bail, which was accepted. The respondents then moved the High Court, and a learned Single Judge has ordered their release on bail. Special leave to appeal was granted by this Court on the 2nd of March 1970, in this case to consider whether the learned Single Judge of the High Court was justified in interfering with the…