Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Ehtesab Ordinance, 1996

Section: 14 , 3

  Criminal Procedure Code (V of 1898)--- ----S. 497---Ehtesab Ordinance (CXI of 1996), Ss.14(1) & 3 [as amended]-- Bail---While granting bail to the accused factum of easy abscondence of accused and his financial status; stakes involved and question whether accused would be prepared to give up his rights in the disputed matter in consonance with S.3(2), Ehtesab Ordinance, 1996, should have a bearing on the nature and quantum of the bail amount. Ehtesab Ordinance (CXI of 1996)--- ----Ss. 3(4), (5), 2(d) & 12---Criminal Porceudre Code (V of 1898), S.497-- Bail, grant of---Principles---Discretion of Court--Effect of Ss.3(4) & 2(d) of Ehtesab Ordinance, 1996---Expression "non-bailable" as used in S.3(4) of the Ordinance, manifestly has the same connotation as in the Criminal Procedure Code, 1898, for S.12 of the Ordinance makes Criminal Procedure Code, 1898 applicable to the proceedings under the Ordinance---Non obstante clause in S.3(4) of the Ordinance appears to be confined to holders of public offices and a person falling in that category cannot be enlarged on bail, if reasonable grounds exist leading to the belief that such person may have been guilty of an offence covered by the Ordinance---Such prohibition, however, has its equivalent in the prohibitory clause in S.497(1), Cr.P.C. The effect of provisions of section 2(d) and section 3(4) of the Ehtesab Ordinance, 1996 appears to be two-fold. Firstly, the Offences under the Ordinance, notwithstanding anything contained in any other law, are to be deemed as non-bailable. The expression "non-bailable", manifestly, has the same connotations as in the Code of Criminal Procedure because section 12 of the Ordinance makes the Code applicable to the proceedings under it, unless an exclusion is spelled out by the Ordinance itself. Secondly, the non obstinate clause in section 3(4), postulating restriction, as to grant of bail, appears to be confined to holders of public offices and a person falling in that category cannot be enlarged on bail, if reasonable grounds exist leading to the belief that such person may have been guilty of an offence covered by the Ordinance. The…