Law: Criminal Procedure Code (V of 1898)

Section: 198

  Criminal Procedure Code of (v of 1998)--- 497(2) --- Penal Code (XLV of M60)~ S. 198 --Bail, grant of---No specific role of having caused a particular damage or used a particular weapon was assigned to accused --- Witnesses had learnt about the name of the accused a one of the miscreants who were causing fire and damage after the arrest of four persons on the day of incident and it was yet to the determined as to who had identified the accused ---Participation of accused in the crime. therefore, was a matter of further inquiry and his vicarious liability was subservient to such finding --- Accused was not shown to have been declared as a proclaimed offender, even otherwise bail could not be withheld because of his abscondence if be otherwise was entitled to such concession --- Accused was admitted to bail in circumstances, Criminal Procedure Code (V of 1898)--- ----S. 497/498 --- Bail---Abscondence of accused --- Bail is not to be with held merely because of the abscondence of accused if he otherwise is found entitled the Same. [Abscondence]- L A, Hashmi for Applicant. Habib Ahmed for A.-G. for the State. ORDER This case has been referred to me as a 3rd Judge after my learned brother Nasim Hussain Siddiqui, J. while deciding this bail application. sitting in Division Bench passed an order on 24-4-1996 granting bail to the applicant and my learned brother Hamid Ali Mirza, J. the second Member of the D.B. differed with the opinion of Mr. Nazim Hussain Siddiqui, J. and rejected the bail application of the applicant. I had the privilege of going through the two judgments, and have also heard the learned counsel.   The facts of the case are elaborately mentioned in the two judgments and need not be reproduced in this order. In this case co-accsued Dr. Faronq Sattar, M.P.A, Muhammad Haroon Siddiqui, M,P.A, S,M. Mohiuddin, M.P.A, Dr. Saghir Ahmed, M.P.A. and Waseem Akbtar, M.P.A. had been granted bail by the trial Court. My learned brother Nazim Hussain Siddiqui, J. granted bail to the applicant on the principle of consistency holding that the case of the applicant is similar to the case of the 5 M.P.As. who have been granted bail by the trial Court. My…