Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898)--- ---S.497---Bail---Fugitive from law and Court loses some of the normal rights granted by procedural and substantive law. Awal Gul v. Zawar Khan and others P L D 1985 S C 402 and Muhammad Sadiq v. Sadiq and others P L D 1985 S C 182 rel. Criminal Procedure Code (V of 1898)-- ---S.497---Banking Companies Ordinance (LVII of 1962), Ss. 43-A, 27-A, 83(1-C) & 83(1-D)---Bail---Accused who was granted bail in a case abused that concession and did not attend Court even once thereafter and absconded till he was produced in Court by Inspector F.I.A. and was remanded to custody ---Possibility that he might abscond again, if released on bail, therefore could not be ruled out---Offence under S.83(1-D) of Banking Companies Ordinance, 1962, fell within the prohibitory clause of S.497, Cr.P.C.---Accused who was a proclaimed offender in ail cases and fugitive from justice held, was not entitled to bail in circumstances. Criminal Procedure Code (V of 1898)-- ---Ss.496, 497(5) & 561-A---Accused involved in a bailable offence is entitled to grant of bail as of right with no conditions attached to it. Madhukar Purshttam Mandkar and another v. Talab Haji Hussain A I R 1958 Bom. 406, Talab Haji Hussain vs. Madhukar Purshottam Mandkar and another A I R 1958 S C 376 and Mian Mahmood Ali Qasuri and others v. The State, P L D 1903 S C 478 ref. Criminal Procedure Code (V of 1898)-- ---Ss.496 & 497---Banking Companies Ordinance (LVII of 1962), Ss.27-A & 83(1-D)---Constitution of Pakistan (1973), Art.12---Provisions regarding bail are essentially part of procedure and as such the same must he regulated by the law under which a particular trial is held---Offence under S.27-A read with S.83(1-D) of Banking Companies Ordinance, 1962, which was initially. punishable with-six months' imprisonment had been made punishable with imprisonment upto ten years by Banking Companies (Amendment) Ordinance, 1988---In view of embargo contained in Article 12 of Constitution, enhanced punishment could not be awarded in respect of offence committed before amendment, but there is certainly a distinction between "prescription of punishment" and…