Law: Criminal Procedure Code (V of 1898)

Section: 498, 439

  Criminal Procedure Code (V of 1898) Ss. 498 & 439-Bail granted to accused by Sessions Judge under S. 498-Cancellation of bail by High Court- Contention that bail having been granted by Sessions Judge under S. 498, High Court had no power to cancel bail-Held : High Court has ample power under S. 439 to revise any order passed by subordinate Courts. Date of hearing : 4th October 1973:                                                                                                                            ORDER ANWARUL HAQ, J.--The petitioner was granted bail before arrest by the learned Sessions Judge, Rawalpindi , in a case pending against him under section 302/34, P. P. C. for causing the death of one Qasim Mahmood. The bail was, however, cancelled by a learned Single Judge of the Lahore High Court by his order dated 25-4-1973. It is submitted that the High Court has overlooked the fact that the petitioner's name was not mentioned at all in the first information report as being one of the assailants, and that in any case the learned Sessions Judge, having acted under section 498, Cr. P. C., the High Court had no power to cancel the bail. Finally, it is submitted that the injury sustained by the deceased was not the direct cause of his death, which was due to pneumonia brought on by prolonged confinement in bed. There is no merit in these submissions. In the first information report the petitioner was referred to by the name of Massi, and in the dying state ment made by the deceased it was made clear that the reference was…