Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 302, 307, 149

  Criminal Procedure Code (V of 1898)  S. 498-Bail-(Commitment proceedings)-Whether or not prima facie case made out function of committing Court to decree Superior Court while considering question of bail should not ordinarily undertake such function-Penal Code (XLV of 1860), S. 302/307/149. It is the function of the commitment Court to decide whether a prima facie case has been made out or not. A superior Court while considering the question of bail should not ordinarily undertake this function and present the Magisterial Court with a decision of its own. A Magistrate would be placed in an extremely embarrassing position in such circumstances for, although he is not legally bound by the views of the superior Court yet he will feel hesitant to go against it and will, therefore, be hampered in discharging his own function. The Magistrate must be allowed to discharge his own responsibilities uninfluenced by the views of the superior Court. Date of hearing : 11th October 1973.                                                                                                                             JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order of a learned Single Judge of the Lahore High Court refusing bail to the petitioners herein who are accused in a case registered under sections 148, 302/307/149, P. P. C. The challan has already been put in and the enquiry before the Magistrate is practically complete, for, all the witnesses have been examined and cross-examined. Only one witness remains to be further examined. Learned counsel appearing for the petitioners, however states that in this case the learned Judge was bound to examine the evidence so far recorded by the Magistrate and to decide whether upon that material there was any reasonable ground for believing the accused persons to be guilty of…