Law: Criminal Procedure Code (V of 1898)

Section: 497 , 436

Criminal Procedure Code (V of 1898)-- ---- S. 497(5)---Cancellation of bail --- Bail granted to an accused as a concession or as a right can be cancelled under S.497(5), Cr.P.C. if impediment is observed in the course of justice as a result of an act or conduct of the accused. Criminal Procedure Code (V of 1898)--- ---- Ss. 497 & 439 --- Penal Code (XLV of 1860), S.302/307/324/34 --- Trial Court cancelled the bail already granted to accused and remanded him to custody under an impression that he was using delaying tactics to prolong the proceedings-- Application moved by accused for restoration of bail was kept pending by Trial Court till examination of prosecution witnesses --- Validity --- So far as the use of delaying tactics by the accused was concerned, the impugned order itself spoke otherwise showing his presence in the Court on the dates of hearing and the order being based on presumptions only was ' liable to be set aside on this score alone --- Trial Court while dealing with the accused application for restoration of his bail did not consider the grounds mentioned therein justifying his absence on the date when his bail was cancelled --- In case of any doubt about the correctness of the said grounds, Trial Court could hold an inquiry and in the absence of any' such doubt it was not justified to keep the application pending at the cost of liberty of the accused disposal of which was conditioned subject to examination of prosecution witnesses --- Impugned order shaving been passed by Trial Court in complete disregard of the provisions of law were set aside--- Revision petition was allowed accordingly. Crown v. Khushi Muhammad PLD 1953 FC 170 ref. Criminal Procedure Code (V of 1898)--- S. 497(5) --- Cancellation of bail --- Cancellation of bail means curtailment of liberty and the right of liberty cannot be assassinated unless the person concerned is provided meaningful and reasonable opportunity to explain why the bail granted to him be not cancelled on account of his some fault and provided he fails to satisfy the Court regarding that fault.   Criminal Procedure Code (V of 1898)--- S. 497(5) --- Cancellation of bail --- Courts are not…