Law: Suppression of Terrorist activities (Special Courts) Act, 1975

Section: 5 , 7 , 497

Law: Criminal Procedure Code (V of 1898)

Section:

  Suppression of Terrorist Activities (Special Courts) Act (XV of 1975)-- ----Ss. 5-A(8) & 7---Criminal Procedure Code (V of 1898), S.497---Bail-- Benefit of provisos to 5.497(1), Cr.P.C. is available to accused in cases tried by Special Court constituted under the Suppression of Terrorist Activities (Special Courts) Act, 1975. 1992 SCMR 2192 ref. Suppression of Terrorist Activities (Special Courts) Act (XV of 1975)--= ----S. 5-A(8)---Criminal Procedure Code (V of 1898), S. 497---Bail-- Section 5-A(8) of the Suppression of Terrorist Activities (Special Courts) Act, 1975, though not a complete code, provides fetter on the power of Special Court to grant bail, but the principles enunciated in S.497, Cr.P.C. can be pressed into service for grant of bail. 1995 SCMR 1249 ref. Per Dr. Ghous Muhammad, J.--- Suppression of Terrorist Activities (Special Courts) Act (XV of 1975)-- ----Ss. 5-A(8) & 7---Criminal Procedure Code (V of 1898), Ss.497 & 426---Bail in a scheduled offence---Principles---Quantum of sentence relatable to the charge in issue has to be ignored by the High Court and the Special Court while considering the question of grant or refusal of bail---High Court and the Special Court have the powers to press into service provisos 1 & 3 to 5.497(1), Cr.P.C. while considering the question of bail during the pendency of trial before the Special Court---Difference of opinion exists on the question as to whether the High Court can invoke the provisions of S.426, Cr.P.C. in case the person stands convicted by the Special Court. 1992 SCMR 2192; 1995 SCMR 1249 and Allied Bank of Pakistan v. Khalid Farooq 1991 SCMR 599 ref. Suppression of Terrorist Activities (Special Courts) Act (XV of 1975)---   ----S. 8---Criminal Procedure Code (V of 1898), S.497---Bail---Burden of proof at bail stage---Section 8 of the Suppression of Terrorist Activities (Special Courts) Act, 1975 has no bearing at bail stage---However, if S.8 of the Suppression of Terrorist Activities (Special Courts) Act, 1975 is allowed to operate at bail stage accused cannot be refused bail till prosecution first comes out with a reasonable case against him just like general law…