Law: Criminal Procedure Code, 1898

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302

Criminal Procedure Code (V of 1898) S. 497 [as amended by S. 3 of Ordinance XXXVI of 1980] read with Penal Code (XLV of 1860), S. 302 Azad Jammu & Kashmir Islamic Penal Laws Act, S. 5 read with Ss. 27 & 32(1) Murder-Bail-Grant of bail to a person accused of murder- Not against injunction of Qur'an and Sunnah nor S. 27 of Islamic Penal Laws Act has effect of taking away powers of Court to grant bail vested in it under S. 497, Cr. P. C. while dealing with cases under such Act-Refusal of bail to accused persons by Sessions Judge on ground of his having been debarred from considering matter of bail of a person accused of non-bailable offence, held, based on mistaken notion of law,-[Bail]. Date of institution : 15th May 1900.                                                                                                                     ORDER SARDAR MUHAMMAD SHARIF KHAN, ACTG. C. J.-The above-noted refer ences have arisen out of an amendment caused in the Cr. P. C. through an Ordinance No. XXXVI dated 23-2-1980 in relation to section 497, Cr. P. C. read with Amendment of Second Schedule, Act V of 1898 which is to the following effect: "3. Amendment of section 497, Act V of 1898.-In the said Code, in section 497, in subsection (1), in the Second Proviso, for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely Provided further that the Court shall, except where it is of opinion that the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on his behalf, direct that any person shall be released on bail- (a) who, being accused of any offence not punishable with death, has been detained for such offence for a continuous period exceeding one year and whose trial for such offence has not concluded; or (b) who, being accused of an offence…