Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Qanun-e-Shahadat (10 of 1984)

Section: 409 , 420 , 468 , 471 , 109

  Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.409/420/468/471/109---Prevention of Corruption Act (II of 1947), S.5---Parliament and Provincial Assemblies (Disqualification for Membership) Order (17 of 1977), S.3---Bail-- Jurisdiction---High Court has no jurisdiction to grant bail to an accused person on merits after the dismissal of his bail application on merits by Supreme Court. 1983 SCMR 72 ref. Criminal Procedure Code (V of 1898)--- ----S. 497(1), third proviso---Penal Code (XLV `of 1860), S.409/420/4687471/109---Prevention of Corruption Act (Il of 1947), S.5-- Parliament and Provincial Assemblies (Disqualification for Membership) Order (17 of 1977), S.3---Bail on statutory ground-- -Accused was behind the bars for the last 18 months without the conclusion of his trial and the delay could not be attributed to him---Defence counsel, no doubt, had taken many days for cross examining the prosecution witnesses but Trial Court had nowhere held that cross-examination was out of the scope of Qanun-e-Shahadat, 1984, irrelevant, vexatious or was done with the sole purpose of confusing the witness to get some reply favourable to the defence---Accused had, thus, acquired the vested right under the law to be released on bail due to the lethargic attitude of the prosecution in the conclusion of the trial-Government, according to prosecution, had suffered loss of crore of rupees and in order to secure the interest of prosecution and to ensure the presence of accused during the trial, he was allowed bail in the sum of rupees one crore with three sureties each in the like amount to the satisfaction of trial Court. PLD 1995 SC 34; -PLD 1995 SC 49; PLD 1983 Lah. 681; 1995 PCr. LJ 639; 1995 PCr.LJ 826; 1990 SCMR 1090; 1992 PCr.LJ 2515; 1994 PCr.LJ 801; 1995 PCr.LJ 1682; PLD 1982 SC 424; PLD 1994 SC 88; 1990 PCr.LJ 31; 1983 SCMR 72 and PLD 1967 SC 167 ref. Qanun-e-Shahadat (10 of 1984)--- ----Art. 132 (2)---Cross-examination---Cross-examination being the greatest legal engine ever invented for discovery of truth, full latitude should be given to the counsel who conducts the case in the Trial Court to exercise this legal right.  …